pols exam 2

Question 1

The Brownlow Report

Answer 1

Report issued in 1937 by the President’s Committee on Administrative Management that likened the president to the CEO of a large corporation and concluded that the president needed a professional staff.

Question 2

creation of the Executive Office of the President

Answer 2

Not until two years later, with the world edging toward the precipice of war, did Congress agree to a reduced form of Brownlow’s staffing proposal. It created the Executive Office of the President as a collection of agencies designed to advise and otherwise assist presidents.

Question 3

Checked Expressed Powers of the Presidency

Answer 3

Sign or veto legislation
Convene or adjourn congress
Command the armed forces
Enter into treaties
Nominate executive and judicial appointments
“Execute” laws, (or not)

Question 4

unchecked expressed powers of the presidency

Answer 4

Consult cabinet
Granting pardons
Receiving ambassadors

Question 5

Implied powers

Answer 5

Serve as head of state
Executive agreements
Issue executive orders
[re]organize the bureaucracy
Exercise of executive privilege

Question 6

executive orders

Answer 6

A presidential directive to an executive agency establishing new policies or indicating how an existing policy is to be carried out.

Question 7

going public

Answer 7

Presidents “go public” when they engage in intensive public relations to promote their policies to the voters and thereby induce cooperation from other elected officeholders in Washington.

Question 8

presidential memorandum

Answer 8

A presidential directive to an agency directing it to alter its administration of policies along lines prescribed in the memorandum. When a presidential memorandum is published in the Federal Register, it assumes the same legal standing of an executive order.

Question 9

signing statement

Answer 9

A statement issued by the president that is intended to modify implementation or ignore altogether provisions of a new law.

Question 10

State of the Union Address (a constitutional obligation, not a power):

Answer 10

A message to Congress under the constitutional directive that the president shall “from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient.”

Question 11

War Powers Act

Answer 11

Federal law passed in 1973 which limits the U.S President’s ability to deploy military forces without congressional approval.
While being passed, the law over rid a veto from president Nixon

Question 12

The cabinet

Answer 12

The formal group of presidential advisers who head the major departments and agencies of the federal government. Cabinet members are chosen by the president and approved by the Senate.

Question 13

electoral college

Answer 13

a body of electors in each state, chosen by voters, who formally elect the president and vice president of the US. Each state’s number or electoral votes equals its representation in Congress; DC has three votes. An absolute majority of the total electoral vote is required to elect a president and vice president.

Question 14

Prosecutorial discretion

Answer 14

In criminal law, it allows prosecutors the authority to make important decisions at different stages of a case, such as: determining whether to press charges, negotiating plea bargains, accepting guilty pleas.

Question 15

the difference between the ‘institutional powers’ and the ‘political powers of the president

Answer 15

Institutional powers are the ability or authority to decide what is best for others by giving executive orders, presidential proclamations, etc. Political powers are the president’s influence on citizens, courts, and Congress. The president is the informal head of their party; setting the party platform, going public, and bully pulpit are political powers.

Question 16

why go public

Answer 16

Going public is a strategy used by presidents and other politicians to promote their policies by appealing to the public for support. If the president has a lot of support, then popularity creates an important bargaining advantage. They will appear on talk shows and give national addresses on TV, to which everyone will tune in to. By ‘going public,’ they hope to induce cooperation from other elected officeholders in Congress.

Question 17

In what ways has presidential power expanded over time?

Answer 17

Military actions without congressional declarations of war
Presidents have increasingly used executive orders, memoranda, and directives to implement policy without going through Congress
Federal bureaucracy has expanded presidential power as the executive branch oversees vast federal agencies
More involved in foreign policy
Executive privilege
Ability to declare national emergencies

Question 18

What are executive orders? To whom do they directly apply? And what influence may they have over the American public?

Answer 18

Executive orders are a presidential directive to an executive agency establishing new policies or indicating how an existing policy is to be carried out.
Apply directly to an executive agency
Little influence / impact over the american public usually

Question 19

Discuss the electoral college. How it was designed and operated at first and how it has changed over time (things to keep in mind: slavery and the 3/5th compromise, the selection of electors, and elector agency).

Answer 19

In order to decide how the president would be chosen, the Electoral College was created as a compromise during the writing of the United States Constitution in 1787. It is an example of an indirect voting system in which the states select electors who then vote to determine the president and vice president. Political, racial, and legal developments have caused its functioning to vary throughout time; the Three-Fifths Compromise and slavery were major factors in the organization and operation of the system in the beginning.

Question 20

What is a battleground state? How does the electoral college privilege these states at the expense of the rest?

Answer 20

A battleground state is often called a swing state. In these states, the outcome of the election is uncertain and also high stakes because the voters are so closely divided. Because of the way the electoral college is designed, with a winner-take-all nature, this creates a highly competitive environment, because even a narrow victory secures all electoral votes. Therefore, candidates pay disproportionate attention to these swing states.

Question 21

How has the ‘commander and chief’ power changed over time?

Answer 21

The position established by the Framers said the president was head of the nation’s armed forces, but only Congress can declare war. Over time presidents began to act without congressional approval (such as Lincoln during the Civil War). To combat this, Congress created the War Powers Act which means a president must inform Congress within 48 hours of committing troops to military action and the operation must end within 60 days unless Congress approves an extension. However this has never been tested and presidents continue to make military decisions without Congress.

Question 22

What is a line-item veto?:

Answer 22

A procedure, available in 1997 for the first time, permitting a president to cancel amounts of new discretionary appropriations (budget authority), as well as new items of direct spending (entitlements) and certain limited tax benefits, unless Congress disapproves by law within a specified period of time. It was declared unconstitutional in 1998.

Question 23

Compare and contrast the singular and plural executive

Answer 23

A singular executive is one leader in the executive branch. We have one President who is the head of the executive. Workers are appointed and serve their interests. The plural executive is when multiple leaders are in the executive branch. This is seen at the state level where powers of the Governor are limited and distributed amongst other government officials.

Question 24

Explain how the president’s power to persuade works?

Answer 24

The president has the power to persuade in two main ways:
Lobbyist- uses bargaining chips in order to push their agenda (tickets to ball games so house members will vote in favor of a policy)
Campaigner/Fundraiser- can raise tons of money for their campaign but will also help fundraise for members of Congress so they will support them

Question 25

Original vs Appellate Jurisdiction

Answer 25

Original: Refers to a court hearing a case first/ limited in the Supreme Court (ex: any state vs. state case or case involving a foreign diplomat goes straight to the Supreme Court)
Appellate: No original jurisdiction-> every case is appeals
Circuit court of appeals
Embankment appeals- everyone on the court will hear the appeal

Question 26

Dissenting and concurring opinion

Answer 26

Dissenting: The written opinion of one or more Supreme Court justices who disagree with the ruling of the Court’s majority. The opinion outlines the rationale for their disagreement.
Concurring: A written opinion by a Supreme Court justice who agrees with the decision of the Court but disagrees with the rationale for reaching that decision.

Question 27

court of appeals

Answer 27

the second tier of courts in the federal judicial system (between the Supreme Court and the district courts). One court of appeals serves each of the eleven regions or circuits plus one for DC

Question 28

federal district court

Answer 28

the trial courts of original jurisdiction in the federal judicial system. The ninety-four district courts are the third tier of the federal judicial system, below the supreme court and the court of appeals

Question 29

Court-packing

Answer 29

an attempt by president Franklin Roosevelt, in 1937, to remodel the federal judiciary. Its purpose ostensibly was to alleviate the overcrowding of federal court dockets by allowing the president to appoint an additional supreme court justice for every sitting justice over the age of seventy. The legislation passed the House of Representatives but failed in the senate by single vote. If it had passed, Roosevelt could have added six new justices to the high bench, thereby installing a new court majority sympathetic to his New Deal programs.

Question 30

activism and restraint

Answer 30

Activism: When judges deliberately shape judicial doctrine to conform to their personal view of the Constitution and social policy.
Restraint: The judicial action of deferring to the policies emanating from the elected branches in the absence of a clear violation of the Constitution or established doctrine.

Question 31

rule of four

Answer 31

a rule used by the Supreme Court stating that when four justices support hearing a case the certiorari (a court process to seek judicial review of a decision of a lower court or government agency) petition is granted

Question 32

writ of c

Answer 32

An order given by a superior court to an appellate court that directs the lower court to send up a case the superior court has chosen to review. This is the central means by which the Supreme Court determines what cases it will hear.

Question 33

writ of mandamus

Answer 33

“We command.” A court-issued writ commanding a public official to carry out a specific act or duty.

Question 34

stare decisis

Answer 34

“Let the decision stand.” In court rulings, a reliance on precedents, or previous rulings, in formulating decisions in new cases

Question 35

amicus curiae

Answer 35

“Friend of the court.” A brief filed in a lawsuit by an individual or group that is not party to the lawsuit but that has an interest in the outcome

Question 36

senatorial courtesy

Answer 36

an informal practice in which senators are given veto power over federal judicial appointments in their home states

Question 37

How does the court enforce its decisions on lower courts? On the executive and legislative branches?

Answer 37

The court enforces decisions on lower courts through reversals, vertical stare decisis, and writ of certiorari. The court enforces decisions on the other branches through judicial review over laws

Question 38

Explain the confirmation process for the federal judiciary.

Answer 38

First, the President nominates a candidate. Next, the Senate Judiciary Committee reviews the nominee. Then, the judge has a hearing and a vote by the committee. Lastly, the entire Senate has a debate and a vote in order for the judge to be appointed.

Question 39

What are the different models of judicial decision making we’ve discussed?

Answer 39

Attitudinal Model: a theoretical model where judicial decisions are primarily determined by the policy goals and ideological agendas of judges
Strategic Model: the theory of judicial decision-making in which judges consider their own policy preferences as well as the possible actions of the other branches of government when making decisions
Legal Model: a view of judicial decision making that argues that judges set aside their own values and make decisions based solely on legal criteria

Question 40

How do we select judges in the states of Georgia? How can that “non-partisan” part of judicial selection in Georgia be worked around?

Answer 40

The choices of judges are officially done through the ballot, but most Georgia judges initially come to the bench via appointment. The governor makes the appointments, but unlike the federal system where senate approval is necessary, the legislature is not involved. The non-partisan part of the judicial selection in GA can be worked around because the judges are elected at the primary and there is low voter turnout for primaries. The primary electorate is disproportionately composed of committed partisans.

Question 41

casework

Answer 41

The activity taken by congress to solve problems with government agencies.

Question 42

cloture

Answer 42

A procedure used to close debate. It is used by the Senate to end filibusters. 3/5th or 60 senators must vote to end a filibuster except for presidential nominations to offices other than Supreme Court justice.

Question 43

pork barrel

Answer 43

legislation that provides members of Congress with federal projects and programs for their individual districts
Earmarks = money set aside by Congress in the federal budget to pay for projects in the home district of a member of Congress