test 2 Flashcards
what is Federalist No. 51 about?
an essay explaining the purpose for the separation of powers in the federal government
what is the purpose of checks and balances?
prevents the dominance of one federal branch over another
what is the main purpose/function of congress?
policy making
a House and Senate controlled by different parties is called ______
divided government
congressional parties are highly polarized along ideological lines. describe this dynamic
the democrats and republican are not polarizing to the same degree. republicans are becoming more conservative than democrats are becoming liberal
why is it good to have reelections?
this is an accountability mechanism- there is less loss of agency when an agent must be voted in or out
what factor influences almost everything MC’s do?
electoral politics
who is more sensitive to electoral politics?
House members- they have short terms
what/who directs the actions in the House?
majority party
the degree to which leaders exercise control depends on what?
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
representation in congress is a product of _________
the great compromise
which is the calmer less passionate chamber?
Senate
what are the qualifications of a House member?
25 yrs old
citizen for 7 years
what is the “single most extensive grant of owed in the constitution”?
article 1 section 8: necessary and proper clause
why is it difficult to have a “responsible party” with our electoral system today?
the House, Senate, and President are all elected separately
are the elections FPTP for congress?
yes
MC’s represent what/who?
House- district
Senate- state
what feature in congressional electoral politics makes for highly responsive representatives?
the fact that voters, not parties, select nominees through primary elections
reapportionment occurs after what?
the decennial Census
seats in the house are gained/lost based on what?
population (people not voters)
what does “no minority vote dilution” mean? what case decided this?
you can’t split up a minority to fit into lots of districts. thornburg v. gingles
what did the wesberry v. sanders case rule?
each district trust be equal in population
what is gerrymandering?
manipulating district boundaries to establish an advantage for a particular party or group
what is unequal representation called?
malapportionment
who/what is a delegates propriety?
the people who get them elected (this can sometimes take precedence over a delegates interest for the country/congress as a whole)
today do we have candidate or party centered politics?
candidate centered
what is the rise and fall of party centered politics?
strong in the 19th century and weakens in the 20th century during progressive era
describe the voting process in the past and in the present
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
what does this austrailian ballot practice mean?
people can ticket-split
when is a high point for candidate centered politics?
1960’s-1980’s
when was ticket splitting very common?
1980’s
what are the 3 common actions that “single minded seekers of reelection do”?
1) position taking
2) credit claiming
3) advertising (both parties use similar tactics)
who wrote “Congress: Keystone of the Washington Establishment”
Florina
what does Florina’s writing expound on?
why MC’s chances of reelection increase
how do congressmen get the personal vote?
creation of the Washington Establishment (creation of bureaucracy -> solving problems -> personal vote)
what is a prominent result of congressmen focusing on gaining personal votes
the welfare of Congress as a whole takes a back seat to the individual interests of it’s members
what happened when the GOP took over int eh 1990’s?
revival of party centered politics
what are three resources for aiding reelection bids?
name recognition
money
franking privilege
casework
what is the reelection rate in the house?
92%
what is the reelection rate in the senate?
79%
true or false: national politics have a significant impact on congressional elections
false: national politics matter to some degree, but are not very significant
_______ responsiveness leads to collective ________. What is this an example of?
individual; irresponsibility. prisoner’s dilemma
generally, who serve as MC’s?
educated, while-collar professionals
how has congress responded to the need for greater information? (implementing effective legislation)
division of labor (committee system) and specialization
what is the downside to specialization in congress?
can lead to large agency losses
to produce public policy, MS’c do what?
delegate authority to party leaders
what do party leaders in congress do to increase efficiency of legislation production?
employ rules, customs and procedures (often at the expense of the members’ individual interest)
why is collective action in congress difficult to achieve?
individual interests of MC’s often conflict with the collective goal of enacting legislation
which chamber of congress has greater conformity costs?
House
which house allows for more transaction costs?
Senate
what is another barrier to collective action in congress?
rules and procedures (these evolve in such a easy that best serves individual interests, not the whole)
when did political parties first form?
during the 1st congress
political parties are the principles or agents of congress?
agents
what happened in the Cannon Revolt?
coalition of republican progressives and democrats stripped Cannon of his title
what happened as a result of the Cannon Revolt?
emergence of the seniority rule
what contributed to the resurgence of party leadership in congress?
less diversity within parties. MC’s within a party became more united and democrats moved to a secret ballot
at present there is greater homogeneity among MC’s of the same party. Why?
greater ideological cohesiveness among members of the same party. (remember the ideological divergence between the 2 parties)
Party leadership is more consequential in the _______. Why?
house. because of its size
Party leaders are _______
agents
what is the President Pro Tempore
longest serving member of the senate
who is the president of the senate?
the vice president
in the senate, who works closely together?
the Majority leader and the Minority leader
what do the majority and minority whips do?
count votes
what does the minority leader in the house do?
set minority agenda
Most of the Senate’s decision are reached by _____________.
unanimous consent agreements
what does unanimous consent agreement mean?
both party leaders agree
formalized power conferred to party leaders in the senate took much longer to develop. why?
the senate’s small size
the business of congress is done through _______
committees
what is the steering committee
the committee to whom you give a statement and preferences. they then choose who will be on which committee
why did the committee system develop
the growing complexity of lawmaking
originally congress only used committees ______
on an ad hoc basis
what generally dictates who are the committee chairs and who are the ranking members?
seniority rule
within the committee system who are the agents and who are the principles?
political parties = principle
committee= agent
what is a ranking member on a committee?
most senior member of the minority party serving on the committee
what are the 4 types of committees?
Standing Committee
Select or Special Committee
Joint Committee
Conference Committee
which committee are the most important
standing committees
describe standing Committees
permanent; fixed jurisdiction; stable membership facilitates expertise;
describe select or special Committees
usually last for the duration of one congress; usually lack legislative authority (make recommendations on research but rarely craft legislation)
describe joint Committees
consist of MCs from the House and Senate; over site role
describe conference Committees
joint committees formed for the purpose of reaching a final agreement on a bill
how powerful are committees?
as powerful as parties let them be (also depend on the power of the party itself)
true or false: committees have always had fairly substantial power
false: before the Cannon Revolt, their power was minimal
when were committees most powerful?
during seniority rule until the 1970’s
what events has scaled back the power of committees?
democratic reforms in 1970’s and republican take over in 1995
a bill is given to more than one committee
multiple referral
parts of a bill are given to different committees
split referral
GAO
Government Accountability Office
CRS
Congressional Research Services
CBO
Congressional Budget Office
what does the appropriation committee do?
approves/ disproves prospective budgets
why is the budgeting process highly contentious
incentives to spend and partisan differences
what if a budget cannot be agreed on?
continuing resolutions
what is the first step to a bill becoming a law?
sponsorship and committee assignment
what is reporting a bill?
3 step a bill becoming a law: changes are made based on feedback from hearing (step 2)
what are the 4 calendars which a bill can be scheduled to?
1) consent calendar (public bills-noncontroversial)
2) private calendar (concerns individuals-controversial)
3) Union calendar ($ bills)
4) house calendar (other public bills)
what at the different ways a bill can be ruled?
open, restricted, or closed
what does an open ruling mean?
amendments are allowed
what does a restricted ruling mean?
a limited # of amendments allowed
what does a closed ruling mean?
no amendments allowed to bill
how many members are on the Committee of the Whole?
100
how many votes in the house are needed to pass legislation?
218
what is needed in the senate to pass legislation
unanimous consent
what is cloture?
60 votes to end a filibuster
what is a pocket veto?
after president doesn’t sign or reject a legislation for 10 days (and congress is in recess) the legislation is automatically vetoed
true or false: congress is the most responsive and reflective of the people
true
what else is the president called?
the executive, or the Commander in Chief
what powers does the president hold?
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
what does article 2 section 3 say?
take care the the laws be faithfully executed
why have the powers of the president increased over the years?
1) presidential responses in time of crisis (war or economic)
2) presidential assertiveness
3) congressional delegation of authority
what is the most formidable power exercised by the presidents?
power as commander in chief
what was the War Powers Act?
notification within 48 hours of deploying troops; 60 day limit unless congress agrees to extension
was the War Powers Act effective?
nope
what is the difference between treaties and executive agreements?
treaties must be approved by a 2/3 vote in congress
executive agreements need no congressional vote; not as formal
are treaties or executive agreements more common?
executive agreements
what re 2 inherent executive powers?
1) executive orders
2) executive privilege
what is the presidents role/influence on legislation?
state of the union address
veto power
in the past, where did the next president usually come from?
the Cabinet
who was the first “modern” president?
FDR
what are the 4 characteristics of the modern presidency?
1) increased unilateral policy-making capacity
2) centrality in national agenda setting
3) greater visibility to the public
4) acquisition of federal bureaucracy
what does it mean that a president is “going public”?
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
what is the “expectations gap”?
the public is highly critical of presidential failure despite the fact that presidential success of highly contingent on the actions of there political actors
what do we mean when we say “political time” in relation to a presidential term?
did the president come into office at a favorable time/ when their party could be effective?
what kind of hand were they dealt?
what does Richard Neustadtk say about “the power to persuade”?
a president who can persuade is a skillful and powerful president. When a president is pushed to “strong arm” they look weak
presidential power/effectiveness depends on the ability to bargain/persuade. why?
because constitutionally prescribed powers are weak and insufficient for the job
what are the the 3 approval patters for presidents?
1) honeymoon effect
2) the effect of crises
3) a cyclical approval pattern
how does a crisis effect presidential approval?
if it is handled right, approval goes up as people “rally ‘round the flag”
what is the cyclical approval pattern?
honeymoon –> midterm decline (loose seats) –> comparison to unknown candidates (approval goes up) –> reelection
what are the “2 presidencies”?
domestic and foreign affairs
in which setting can a president be most effective? domestic or foreign affairs? why?
foreign: president posses greater clout in the foreign arena. they can be a bit more independent
why has there been more institutionalizing of different features of the presidency?
the executive branch grows in importance
gives president the authority to devise a budget and submit it to congress
the budget and accounting act
“the president needs help!”
brownlow report 1937
what was the result of the brownlow report?
the set up of the Executive Office of the President (EOP)
what is the most important agency in the EOP?
Office of Management and Budget
what is the OMB
office of management and budget
why are the numbers that the OMB and the CBO come up with different?
the CBO’s numbers are more driven by political parties
What is the NSC?
National Security Council
describe the NSC
Limited statutory authority but substantial realized authority because presidents select trusted security experts and thus allow them a large role in conducting foreign policy
what is WHO?
White House Office
who is the WHO?
the president’s personal staff
how big is the WHO?
about 450 staffers
what is the chief of staff model?
it has been in place since Pres. Carter: there is a heir achy with the chief being the person who communicates with the president
How are staffers generally chosen?
usually from the presidential campaign
what is the staffing problem for the WHO?
people are competitive and often very ideological. The staffing problem presents a principle-agent problem
in the staffing problem, who are the principles and who are the agents?
President= principle Staffers= agent
The presidents effectiveness is limited in the legislative arena by what?
the partisan makeup of congress
who used the term “bully-pulpit?
teddy roosevelt
When it comes to bureaucracies, is congress more like a policeman or a fireman?
fireman
why is it that the bureaucracy often appears to be out of control?
there are not great incentives for congressional control
who controls the bureaucracy?
congress, the president and the federal courts share control
what kind of control do voters have over the bureaucracy?
because of the electoral connection, voters have a highly variable and indirect control over the bureaucracy
how does congress control the bureaucracy? (3 ways)
indirectly, directly, and procedural
how does congress exercise indirect control over the bureaucracy?
they choose to either fund or withdraw funding, effectively declaring an agency dead. Also, the senate plays a part in the appointment process
in the appointment process, how does the senate usually behave
often give consent to an appointment, unless they find a person very incompetent
how does congress exercise direct control over the bureaucracy? (6 ways)
1) hearings and investigations
2) mandatory reports
3) legislative vetoes
4) committee and conference reports
5) inspectors general
6) general accounting office
what is the more common way to deal with bureaucracy? direct or indirect?
direct- it is not often that congress withdraws funding
Rule making is a public process. Public notice of proposed rules is recored in the ___________.
Federal Register
Why is creating new rules such a big deal?
it effects everyone (have the force of law)
How does the president have authority over bureaucracy?
power of appointment
Describe the courts control over administrative agencies
through the power of judicial review, the courts can nullify agency rules. Courts have increased the complexity of administrative procedures that agencies must follow
it is the nature of agencies to get _____ not ______
bigger, not smaller
are bureaucrats politicians in a way?
yes- they pursue their goals with the same savvy exhibited by any other political player
do bureaucracies carry out the public’s business? why or why not?
somewhat- agencies are severely compromised by relationships with interest groups
when were iron triangles more prevalent? why?
1950’s and 60’s. activités were not as public
what is an iron triangle?
a mutually beneficial relation between an interest group, a congressional committee, and a government agency.
what is an example of an iron triangle?
farmers, the House of Agriculture Committee, and the U.S. Dept. of Agriculture
now, policy domaines are shaped by _______
issue networks
what are issue networks?
amorphous, ever changing sets of politicians, lobbyists, academic and think-tank experts, and public interest entrepreneurs
what does agency capture mean?
the regulators who head an agency do the bidding of the group being regulated
in most cases, why do industries demand regulation?
it is a means to limit competition and thus increase profits
why is regulation desirable?
it provides the ultimate protection from competition since the state (government) has a monopoly on coercion
are iron triangles good for the public?
no, they exist at the expense of the public
who ran in the 1800 Presidential election?
adams and jefferson
who won the 1800 election?
Thomas Jefferson
what party did Adams belong to? Jefferson?
Adams- federalists
Jefferson- democratic republican
what was the response of the federalists after jefferson won?
the Federal Judiciary Act of 1801
what did the Federal Judiciary Act of 1801 do?
Expanded the number of court positions. Aim was to put federalist influence in the courts
What did the Democratic-Republicans do in response to the Federal Judiciary Act of 1801?
in 1802 they repulsed the act
why is Marbury v. Madison important?
it was landmark in establishing judicial review
what is judicial review
the Court can rule that something another branch of government does is unconstitutional
who was the chief justice at the time of Marbury v. Madison?
John Marshall
what did John Marshall say about Marbury v. Madison?
based on original jurisdiction, the Court did not have the authority to hear Marbury’s case
What are the 3 era’s of the Court’s Judicial review?
1) nation vs. state
2) regulating the national economy
3) the ruse of civil rights and civil liberties
describe the courts judicial review during the great depression
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
Think of the contemporary Supreme Court as serving a __________
referee function
Why does the Court play a active role in policymaking regarding administrative laws?
the congress delegates substantial authority to government agencies and the Courts are making sure things are implemented constitutionally
the Court may be ushering in a 4th era or judicial review. Describe this
they are increasingly limiting the federal governments ability to impose policy and administrative restrictions not the states- more conservative Court right now
how many district courts?
94
who appoints those on the district courts?
pres. appoints and congress gives consent
how many appellate courts? what makes this number?
13 total: 11 plus D.C.’s and U.S. court of appeals
how many judges are on the supreme court?
9
what does the supreme court have to spend capital on that annoys them?
overturning the 11th circuit
what is the weakness of the Supreme Court?
no enforcement power
what is writ of certiorari
deciding which cases the Court will hear; granted when 4 judges agree to hear the case
who assists in winnowing does the possible cases for the justices ?
law clerks
true or false: the Court generally hears a case because they want to make a statement
true
what is Amicus curiae?
briefs submitted by interest groups, government agencies, businesses, and the federal government (try to sway the court/ make their opinion heard)
what does Amicus curiae mean?
friend of the court
who is the Solicitor General?
the lawyer who represents the U.S. government in legal disputes
what does procedural method mean?
method my which to decide a case; Star Decisis and standing
what does Star Decisis mean?
“let the decision stand” courts typically uphold past rulings
what does it mean to have standing?
being party to the dispute
what are the 3 theories of constitutional interpretation?
1) original intent
2) living constitution
3) plain meaning of the text
how can congress and the president thwart the will of the Court?
lack of enforcement, ignoring the law, changing the jurisdiction of the judiciary, constitutional amendment, or statuary laws
what is the DOJ?
Department of justice
what is the Department of justice
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
what court appointments is the president much more involved in and why?
the stakes are much higher
making court appointments has become increasingly politicized. Why?
the greater incidence of divided government over the last half century
lower court appointments at eh district level generally follow _______
senatorial courtesy
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?
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
can voter effect the Court?
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
who are the principals and agents in the bureaucracy?
congress= principal president/bureaucracy= agent AND president= principal bureaucracy= agent
what does the spoils system refer to?
andrew jackson giving jobs to those who helped him get elected
Civil Service reform was a result of what?
the assassination of pres. Garfield
what is the pendleton act?
jobs were made to be merit based
what is the hatch act?
when you’re on the clock, you cannot engage in partisan behavior
cabinet-level status confers what?
legitimacy of particular interest and essentially the permanent institutionalization of the particular interest (congress will pay attention to you)
what are independent executive agencies independent from?
congress
