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POLS 1301 > test 2 > Flashcards

test 2 Flashcards

1
Q

what is Federalist No. 51 about?

A

an essay explaining the purpose for the separation of powers in the federal government

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2
Q

what is the purpose of checks and balances?

A

prevents the dominance of one federal branch over another

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3
Q

what is the main purpose/function of congress?

A

policy making

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4
Q

a House and Senate controlled by different parties is called ______

A

divided government

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5
Q

congressional parties are highly polarized along ideological lines. describe this dynamic

A

the democrats and republican are not polarizing to the same degree. republicans are becoming more conservative than democrats are becoming liberal

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6
Q

why is it good to have reelections?

A

this is an accountability mechanism- there is less loss of agency when an agent must be voted in or out

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7
Q

what factor influences almost everything MC’s do?

A

electoral politics

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8
Q

who is more sensitive to electoral politics?

A

House members- they have short terms

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9
Q

what/who directs the actions in the House?

A

majority party

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10
Q

the degree to which leaders exercise control depends on what?

A

the unity within their party. a diverse party won’t let a leader rule with an iron hand. if everyone agreed, there would be little compromise, but with lots of diversity, a leader cannot exert as much control

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11
Q

representation in congress is a product of _________

A

the great compromise

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12
Q

which is the calmer less passionate chamber?

A

Senate

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13
Q

what are the qualifications of a House member?

A

25 yrs old

citizen for 7 years

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14
Q

what is the “single most extensive grant of owed in the constitution”?

A

article 1 section 8: necessary and proper clause

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15
Q

why is it difficult to have a “responsible party” with our electoral system today?

A

the House, Senate, and President are all elected separately

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16
Q

are the elections FPTP for congress?

A

yes

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17
Q

MC’s represent what/who?

A

House- district

Senate- state

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18
Q

what feature in congressional electoral politics makes for highly responsive representatives?

A

the fact that voters, not parties, select nominees through primary elections

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19
Q

reapportionment occurs after what?

A

the decennial Census

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20
Q

seats in the house are gained/lost based on what?

A

population (people not voters)

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21
Q

what does “no minority vote dilution” mean? what case decided this?

A

you can’t split up a minority to fit into lots of districts. thornburg v. gingles

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22
Q

what did the wesberry v. sanders case rule?

A

each district trust be equal in population

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23
Q

what is gerrymandering?

A

manipulating district boundaries to establish an advantage for a particular party or group

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24
Q

what is unequal representation called?

A

malapportionment

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25
Q

who/what is a delegates propriety?

A

the people who get them elected (this can sometimes take precedence over a delegates interest for the country/congress as a whole)

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26
Q

today do we have candidate or party centered politics?

A

candidate centered

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27
Q

what is the rise and fall of party centered politics?

A

strong in the 19th century and weakens in the 20th century during progressive era

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28
Q

describe the voting process in the past and in the present

A

in the past, voting was public and you were given either a democrats or republican ballot.
now voting is private and everyone is issued the same government issued ballot

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29
Q

what does this austrailian ballot practice mean?

A

people can ticket-split

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30
Q

when is a high point for candidate centered politics?

A

1960’s-1980’s

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31
Q

when was ticket splitting very common?

A

1980’s

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32
Q

what are the 3 common actions that “single minded seekers of reelection do”?

A

1) position taking
2) credit claiming
3) advertising (both parties use similar tactics)

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33
Q

who wrote “Congress: Keystone of the Washington Establishment”

A

Florina

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34
Q

what does Florina’s writing expound on?

A

why MC’s chances of reelection increase

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35
Q

how do congressmen get the personal vote?

A

creation of the Washington Establishment (creation of bureaucracy -> solving problems -> personal vote)

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36
Q

what is a prominent result of congressmen focusing on gaining personal votes

A

the welfare of Congress as a whole takes a back seat to the individual interests of it’s members

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37
Q

what happened when the GOP took over int eh 1990’s?

A

revival of party centered politics

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38
Q

what are three resources for aiding reelection bids?

A

name recognition
money
franking privilege
casework

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39
Q

what is the reelection rate in the house?

A

92%

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40
Q

what is the reelection rate in the senate?

A

79%

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41
Q

true or false: national politics have a significant impact on congressional elections

A

false: national politics matter to some degree, but are not very significant

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42
Q

_______ responsiveness leads to collective ________. What is this an example of?

A

individual; irresponsibility. prisoner’s dilemma

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43
Q

generally, who serve as MC’s?

A

educated, while-collar professionals

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44
Q

how has congress responded to the need for greater information? (implementing effective legislation)

A

division of labor (committee system) and specialization

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45
Q

what is the downside to specialization in congress?

A

can lead to large agency losses

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46
Q

to produce public policy, MS’c do what?

A

delegate authority to party leaders

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47
Q

what do party leaders in congress do to increase efficiency of legislation production?

A

employ rules, customs and procedures (often at the expense of the members’ individual interest)

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48
Q

why is collective action in congress difficult to achieve?

A

individual interests of MC’s often conflict with the collective goal of enacting legislation

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49
Q

which chamber of congress has greater conformity costs?

A

House

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50
Q

which house allows for more transaction costs?

A

Senate

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51
Q

what is another barrier to collective action in congress?

A

rules and procedures (these evolve in such a easy that best serves individual interests, not the whole)

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52
Q

when did political parties first form?

A

during the 1st congress

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53
Q

political parties are the principles or agents of congress?

A

agents

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54
Q

what happened in the Cannon Revolt?

A

coalition of republican progressives and democrats stripped Cannon of his title

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55
Q

what happened as a result of the Cannon Revolt?

A

emergence of the seniority rule

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56
Q

what contributed to the resurgence of party leadership in congress?

A

less diversity within parties. MC’s within a party became more united and democrats moved to a secret ballot

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57
Q

at present there is greater homogeneity among MC’s of the same party. Why?

A

greater ideological cohesiveness among members of the same party. (remember the ideological divergence between the 2 parties)

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58
Q

Party leadership is more consequential in the _______. Why?

A

house. because of its size

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59
Q

Party leaders are _______

A

agents

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60
Q

what is the President Pro Tempore

A

longest serving member of the senate

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61
Q

who is the president of the senate?

A

the vice president

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62
Q

in the senate, who works closely together?

A

the Majority leader and the Minority leader

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63
Q

what do the majority and minority whips do?

A

count votes

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64
Q

what does the minority leader in the house do?

A

set minority agenda

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65
Q

Most of the Senate’s decision are reached by _____________.

A

unanimous consent agreements

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66
Q

what does unanimous consent agreement mean?

A

both party leaders agree

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67
Q

formalized power conferred to party leaders in the senate took much longer to develop. why?

A

the senate’s small size

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68
Q

the business of congress is done through _______

A

committees

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69
Q

what is the steering committee

A

the committee to whom you give a statement and preferences. they then choose who will be on which committee

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70
Q

why did the committee system develop

A

the growing complexity of lawmaking

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71
Q

originally congress only used committees ______

A

on an ad hoc basis

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72
Q

what generally dictates who are the committee chairs and who are the ranking members?

A

seniority rule

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73
Q

within the committee system who are the agents and who are the principles?

A

political parties = principle

committee= agent

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74
Q

what is a ranking member on a committee?

A

most senior member of the minority party serving on the committee

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75
Q

what are the 4 types of committees?

A

Standing Committee
Select or Special Committee
Joint Committee
Conference Committee

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76
Q

which committee are the most important

A

standing committees

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77
Q

describe standing Committees

A

permanent; fixed jurisdiction; stable membership facilitates expertise;

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78
Q

describe select or special Committees

A

usually last for the duration of one congress; usually lack legislative authority (make recommendations on research but rarely craft legislation)

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79
Q

describe joint Committees

A

consist of MCs from the House and Senate; over site role

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80
Q

describe conference Committees

A

joint committees formed for the purpose of reaching a final agreement on a bill

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81
Q

how powerful are committees?

A

as powerful as parties let them be (also depend on the power of the party itself)

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82
Q

true or false: committees have always had fairly substantial power

A

false: before the Cannon Revolt, their power was minimal

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83
Q

when were committees most powerful?

A

during seniority rule until the 1970’s

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84
Q

what events has scaled back the power of committees?

A

democratic reforms in 1970’s and republican take over in 1995

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85
Q

a bill is given to more than one committee

A

multiple referral

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86
Q

parts of a bill are given to different committees

A

split referral

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87
Q

GAO

A

Government Accountability Office

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88
Q

CRS

A

Congressional Research Services

89
Q

CBO

A

Congressional Budget Office

90
Q

what does the appropriation committee do?

A

approves/ disproves prospective budgets

91
Q

why is the budgeting process highly contentious

A

incentives to spend and partisan differences

92
Q

what if a budget cannot be agreed on?

A

continuing resolutions

93
Q

what is the first step to a bill becoming a law?

A

sponsorship and committee assignment

94
Q

what is reporting a bill?

A

3 step a bill becoming a law: changes are made based on feedback from hearing (step 2)

95
Q

what are the 4 calendars which a bill can be scheduled to?

A

1) consent calendar (public bills-noncontroversial)
2) private calendar (concerns individuals-controversial)
3) Union calendar ($ bills)
4) house calendar (other public bills)

96
Q

what at the different ways a bill can be ruled?

A

open, restricted, or closed

97
Q

what does an open ruling mean?

A

amendments are allowed

98
Q

what does a restricted ruling mean?

A

a limited # of amendments allowed

99
Q

what does a closed ruling mean?

A

no amendments allowed to bill

100
Q

how many members are on the Committee of the Whole?

A

100

101
Q

how many votes in the house are needed to pass legislation?

A

218

102
Q

what is needed in the senate to pass legislation

A

unanimous consent

103
Q

what is cloture?

A

60 votes to end a filibuster

104
Q

what is a pocket veto?

A

after president doesn’t sign or reject a legislation for 10 days (and congress is in recess) the legislation is automatically vetoed

105
Q

true or false: congress is the most responsive and reflective of the people

A

true

106
Q

what else is the president called?

A

the executive, or the Commander in Chief

107
Q

what powers does the president hold?

A 
pardon power
treaty power
appointment power
power to recommend
convene both houses of congress
receive ambassadors/public ministers
power to commission officers of the U.S.
veto power
108
Q

what does article 2 section 3 say?

A

take care the the laws be faithfully executed

109
Q

why have the powers of the president increased over the years?

A

1) presidential responses in time of crisis (war or economic)
2) presidential assertiveness
3) congressional delegation of authority

110
Q

what is the most formidable power exercised by the presidents?

A

power as commander in chief

111
Q

what was the War Powers Act?

A

notification within 48 hours of deploying troops; 60 day limit unless congress agrees to extension

112
Q

was the War Powers Act effective?

A

nope

113
Q

what is the difference between treaties and executive agreements?

A

treaties must be approved by a 2/3 vote in congress

executive agreements need no congressional vote; not as formal

114
Q

are treaties or executive agreements more common?

A

executive agreements

115
Q

what re 2 inherent executive powers?

A

1) executive orders

2) executive privilege

116
Q

what is the presidents role/influence on legislation?

A

state of the union address

veto power

117
Q

in the past, where did the next president usually come from?

A

the Cabinet

118
Q

who was the first “modern” president?

A

FDR

119
Q

what are the 4 characteristics of the modern presidency?

A

1) increased unilateral policy-making capacity
2) centrality in national agenda setting
3) greater visibility to the public
4) acquisition of federal bureaucracy

120
Q

what does it mean that a president is “going public”?

A

when the president is not getting what they want from congress, he will often use the media to appeal to voters/change public opinion, thus putting pressure on congress

121
Q

what is the “expectations gap”?

A

the public is highly critical of presidential failure despite the fact that presidential success of highly contingent on the actions of there political actors

122
Q

what do we mean when we say “political time” in relation to a presidential term?

A

did the president come into office at a favorable time/ when their party could be effective?
what kind of hand were they dealt?

123
Q

what does Richard Neustadtk say about “the power to persuade”?

A

a president who can persuade is a skillful and powerful president. When a president is pushed to “strong arm” they look weak

124
Q

presidential power/effectiveness depends on the ability to bargain/persuade. why?

A

because constitutionally prescribed powers are weak and insufficient for the job

125
Q

what are the the 3 approval patters for presidents?

A

1) honeymoon effect
2) the effect of crises
3) a cyclical approval pattern

126
Q

how does a crisis effect presidential approval?

A

if it is handled right, approval goes up as people “rally ‘round the flag”

127
Q

what is the cyclical approval pattern?

A

honeymoon –> midterm decline (loose seats) –> comparison to unknown candidates (approval goes up) –> reelection

128
Q

what are the “2 presidencies”?

A

domestic and foreign affairs

129
Q

in which setting can a president be most effective? domestic or foreign affairs? why?

A

foreign: president posses greater clout in the foreign arena. they can be a bit more independent

130
Q

why has there been more institutionalizing of different features of the presidency?

A

the executive branch grows in importance

131
Q

gives president the authority to devise a budget and submit it to congress

A

the budget and accounting act

132
Q

“the president needs help!”

A

brownlow report 1937

133
Q

what was the result of the brownlow report?

A

the set up of the Executive Office of the President (EOP)

134
Q

what is the most important agency in the EOP?

A

Office of Management and Budget

135
Q

what is the OMB

A

office of management and budget

136
Q

why are the numbers that the OMB and the CBO come up with different?

A

the CBO’s numbers are more driven by political parties

137
Q

What is the NSC?

A

National Security Council

138
Q

describe the NSC

A

Limited statutory authority but substantial realized authority because presidents select trusted security experts and thus allow them a large role in conducting foreign policy

139
Q

what is WHO?

A

White House Office

140
Q

who is the WHO?

A

the president’s personal staff

141
Q

how big is the WHO?

A

about 450 staffers

142
Q

what is the chief of staff model?

A

it has been in place since Pres. Carter: there is a heir achy with the chief being the person who communicates with the president

143
Q

How are staffers generally chosen?

A

usually from the presidential campaign

144
Q

what is the staffing problem for the WHO?

A

people are competitive and often very ideological. The staffing problem presents a principle-agent problem

145
Q

in the staffing problem, who are the principles and who are the agents?

A 
President= principle
Staffers= agent
146
Q

The presidents effectiveness is limited in the legislative arena by what?

A

the partisan makeup of congress

147
Q

who used the term “bully-pulpit?

A

teddy roosevelt

148
Q

When it comes to bureaucracies, is congress more like a policeman or a fireman?

A

fireman

149
Q

why is it that the bureaucracy often appears to be out of control?

A

there are not great incentives for congressional control

150
Q

who controls the bureaucracy?

A

congress, the president and the federal courts share control

151
Q

what kind of control do voters have over the bureaucracy?

A

because of the electoral connection, voters have a highly variable and indirect control over the bureaucracy

152
Q

how does congress control the bureaucracy? (3 ways)

A

indirectly, directly, and procedural

153
Q

how does congress exercise indirect control over the bureaucracy?

A

they choose to either fund or withdraw funding, effectively declaring an agency dead. Also, the senate plays a part in the appointment process

154
Q

in the appointment process, how does the senate usually behave

A

often give consent to an appointment, unless they find a person very incompetent

155
Q

how does congress exercise direct control over the bureaucracy? (6 ways)

A

1) hearings and investigations
2) mandatory reports
3) legislative vetoes
4) committee and conference reports
5) inspectors general
6) general accounting office

156
Q

what is the more common way to deal with bureaucracy? direct or indirect?

A

direct- it is not often that congress withdraws funding

157
Q

Rule making is a public process. Public notice of proposed rules is recored in the ___________.

A

Federal Register

158
Q

Why is creating new rules such a big deal?

A

it effects everyone (have the force of law)

159
Q

How does the president have authority over bureaucracy?

A

power of appointment

160
Q

Describe the courts control over administrative agencies

A

through the power of judicial review, the courts can nullify agency rules. Courts have increased the complexity of administrative procedures that agencies must follow

161
Q

it is the nature of agencies to get _____ not ______

A

bigger, not smaller

162
Q

are bureaucrats politicians in a way?

A

yes- they pursue their goals with the same savvy exhibited by any other political player

163
Q

do bureaucracies carry out the public’s business? why or why not?

A

somewhat- agencies are severely compromised by relationships with interest groups

164
Q

when were iron triangles more prevalent? why?

A

1950’s and 60’s. activités were not as public

165
Q

what is an iron triangle?

A

a mutually beneficial relation between an interest group, a congressional committee, and a government agency.

166
Q

what is an example of an iron triangle?

A

farmers, the House of Agriculture Committee, and the U.S. Dept. of Agriculture

167
Q

now, policy domaines are shaped by _______

A

issue networks

168
Q

what are issue networks?

A

amorphous, ever changing sets of politicians, lobbyists, academic and think-tank experts, and public interest entrepreneurs

169
Q

what does agency capture mean?

A

the regulators who head an agency do the bidding of the group being regulated

170
Q

in most cases, why do industries demand regulation?

A

it is a means to limit competition and thus increase profits

171
Q

why is regulation desirable?

A

it provides the ultimate protection from competition since the state (government) has a monopoly on coercion

172
Q

are iron triangles good for the public?

A

no, they exist at the expense of the public

173
Q

who ran in the 1800 Presidential election?

A

adams and jefferson

174
Q

who won the 1800 election?

A

Thomas Jefferson

175
Q

what party did Adams belong to? Jefferson?

A

Adams- federalists

Jefferson- democratic republican

176
Q

what was the response of the federalists after jefferson won?

A

the Federal Judiciary Act of 1801

177
Q

what did the Federal Judiciary Act of 1801 do?

A

Expanded the number of court positions. Aim was to put federalist influence in the courts

178
Q

What did the Democratic-Republicans do in response to the Federal Judiciary Act of 1801?

A

in 1802 they repulsed the act

179
Q

why is Marbury v. Madison important?

A

it was landmark in establishing judicial review

180
Q

what is judicial review

A

the Court can rule that something another branch of government does is unconstitutional

181
Q

who was the chief justice at the time of Marbury v. Madison?

A

John Marshall

182
Q

what did John Marshall say about Marbury v. Madison?

A

based on original jurisdiction, the Court did not have the authority to hear Marbury’s case

183
Q

What are the 3 era’s of the Court’s Judicial review?

A

1) nation vs. state
2) regulating the national economy
3) the ruse of civil rights and civil liberties

184
Q

describe the courts judicial review during the great depression

A

the court kept saying that what FDR and congress were doing was unconstitutional. FDR proposed to add 15 people to the Court…. instead the court began to shift towards supporting FDR

185
Q

Think of the contemporary Supreme Court as serving a __________

A

referee function

186
Q

Why does the Court play a active role in policymaking regarding administrative laws?

A

the congress delegates substantial authority to government agencies and the Courts are making sure things are implemented constitutionally

187
Q

the Court may be ushering in a 4th era or judicial review. Describe this

A

they are increasingly limiting the federal governments ability to impose policy and administrative restrictions not the states- more conservative Court right now

188
Q

how many district courts?

A

94

189
Q

who appoints those on the district courts?

A

pres. appoints and congress gives consent

190
Q

how many appellate courts? what makes this number?

A

13 total: 11 plus D.C.’s and U.S. court of appeals

191
Q

how many judges are on the supreme court?

A

9

192
Q

what does the supreme court have to spend capital on that annoys them?

A

overturning the 11th circuit

193
Q

what is the weakness of the Supreme Court?

A

no enforcement power

194
Q

what is writ of certiorari

A

deciding which cases the Court will hear; granted when 4 judges agree to hear the case

195
Q

who assists in winnowing does the possible cases for the justices ?

A

law clerks

196
Q

true or false: the Court generally hears a case because they want to make a statement

A

true

197
Q

what is Amicus curiae?

A

briefs submitted by interest groups, government agencies, businesses, and the federal government (try to sway the court/ make their opinion heard)

198
Q

what does Amicus curiae mean?

A

friend of the court

199
Q

who is the Solicitor General?

A

the lawyer who represents the U.S. government in legal disputes

200
Q

what does procedural method mean?

A

method my which to decide a case; Star Decisis and standing

201
Q

what does Star Decisis mean?

A

“let the decision stand” courts typically uphold past rulings

202
Q

what does it mean to have standing?

A

being party to the dispute

203
Q

what are the 3 theories of constitutional interpretation?

A

1) original intent
2) living constitution
3) plain meaning of the text

204
Q

how can congress and the president thwart the will of the Court?

A

lack of enforcement, ignoring the law, changing the jurisdiction of the judiciary, constitutional amendment, or statuary laws

205
Q

what is the DOJ?

A

Department of justice

206
Q

what is the Department of justice

A

executive branch dept. headed by the US attorney general. puts substantial pressure on the courts by aggressively pursuing cases in a strategic manner to increase the odds that the federal governments position will win

207
Q

what court appointments is the president much more involved in and why?

A

the stakes are much higher

208
Q

making court appointments has become increasingly politicized. Why?

A

the greater incidence of divided government over the last half century

209
Q

lower court appointments at eh district level generally follow _______

A

senatorial courtesy

210
Q

if the senate majority is not of the president’s party, what is likely to happen when he tries to appoint judges that agree with him?

A

they will obstruct the name from even going to a vote in the senate. the name will never get out of the Senate Judiciary committee

211
Q

can voter effect the Court?

A

yes, it is an indirect effect and it may take a while, but congress/president are sensitive to public opinion and they appoint the judges

212
Q

who are the principals and agents in the bureaucracy?

A 
congress= principal
president/bureaucracy= agent 
AND
president= principal
bureaucracy= agent
213
Q

what does the spoils system refer to?

A

andrew jackson giving jobs to those who helped him get elected

214
Q

Civil Service reform was a result of what?

A

the assassination of pres. Garfield

215
Q

what is the pendleton act?

A

jobs were made to be merit based

216
Q

what is the hatch act?

A

when you’re on the clock, you cannot engage in partisan behavior

217
Q

cabinet-level status confers what?

A

legitimacy of particular interest and essentially the permanent institutionalization of the particular interest (congress will pay attention to you)

218
Q

what are independent executive agencies independent from?

A

congress

POLS 1301 (4 decks)

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