Unit 2 Flashcards
Is it constitutional for racial gerrymandering to occur
yes it just cant be the only reason
How many members of the senate represent Connecticut? How many senate members in total are there?
2,100
How many house member represent each state? How many house members in total are there?
depends its based on population, 435
What leadership role of the house keeps the members in order and maintains regulations?
whip
The durability of the working relationships are affected by term length differences.
coalitions
what do standing committees, joint committees, select committees, and conference committees all have in common?
they are found in both the house and the senate
when the vice president is unable to take charge of the senate who obtains the superior role?
president pro tempre
What is the proper term for when a member of the senate objects to a bill?
hold
Which article does the judicial branch get their power from?
3
Which article does the legislative branch get their power from?
1
Which article does the executive branch get their power from?
2
Article ii gives the president powers, what are some examples of formal powers?
veto/sign, appoints ambassadors and judges, covene or adjourn congress
What is the specific term for when a president waits until a bill expires so they don’t have to sign it?
pocket veto
what did the 22nd amendment establish?
term limit 2 terms
what is the specific term for a president addressing the nation via social media?
bully pulipit
what group appointed by the president is the head of all the executive agencies?
cabinet
Hamilton argues that the executive should consist of this quality to ensure the branch runs smoothly?
speed/energy
What type of court has original jurisdiction and has the right to hear cases for the first time?
u.s. district courts
What court has both original jurisdiction and appellate jurisdiction?
supreme court
Who are the leaders of the 15 executive departments?
cabinet secretaries
What are regulatory groups who operate somewhat independently of the authority of the president, but still fall under executive authority?
commisions
Bureaucratic agencies, congressional committees, and interest groups who work together form what is called the?
iron triangle
What bureaucratic department makes sure schools meet federal educational standards?
department of education
What is created when the federal budget has been exceeded and a gap between the projected budget and actual funds increases?
deficit
what is the name for people who have been entrusted with the people’s faith to vote according to the representatives best judgement?
trustee
what is the name of the person who must vote with the will of the people even if it goes against their personal beliefs?
delegate
What bureaucratic department administers and enforces campaigns?
federal election commision
how long do supreme judges work for?
life
What is the period of time when a new president has been elected but hasn’t entered office yet so the president in office currently is in their last period of office?
lame duck
this act was passed due to the presidents refusal to spend appropriate funds.
budget and impoundment control act
If no candidate receives 270 electrolal votes then who decides who’s president?
the house of reps
ineffectiveness in the government caused by stroking partisanship?
grid lock
how can the president check regulatory commissions?
appointing commission heads
you vote for mine I vote for yours; trading
votes to gain support on a bill
logrolling
What is a last minute rider added on that only benefits that legislators district?
pork barrel spending
examples of mandatory spending
payments required by law, medicare, medicaid, entitlement spending and interest on debt
examples of discreditory spending
defense, paying federal employee
they vote with the will of the people even if it goes against their better judgement
delegate
they vote based on the situation
politico
stuff the president wants to get done while in office
policy agenda
persuasion and bargaining are
informal powers
presidents can use these to temporarily take action in the U.S.
executive orders
informs the nation how the executive branch interoperates a law
signing statement
gas pedal of congress (more representative)
house representatives
brake of congress (more experienced)
senate
congress has the power to control federal spending
power of the purse
congress power to control anything to do with domestic or foreign trade known as?
regulating commerce
congress can approve treaties like the Paris treaty.
foreign and military affairs
allows congress to pass law that weren’t specifically stated in the constitution and is an example of an IMPLIED power
elastic clause aka necessary and proper
what is the commander in chiefs role?
command all branches of the military+orders military actions including war related stuff
what is chief legislatures role
last say in the legislative process
17th Amendment
1913 direct election of senators
Caucuses
factions with the parties and demographics of congress
Things the House does
proposes revenue bills, starts an impeachment trial on a president, chooses a pres. when there is a tie
Things the Senate does(3)
“Advice and Consent” presidential appointments (suggesting or rejecting), approve foreign treaties, convict presidents (impeach)
Rules of House
follows “Roberts Rules of Order”, members can only speak for an hour, can only offer germane amendments, only the presiding officer can be address and formal language is used
Germane amendments
amendments directly related to the bill
non germane amendments
amendments placed on a bill that have no relation to the bill itself but benefit their agendas
Rules of the Senate
Anyone who stands to speak must be recognized, speech must be directed at the presiding officer with no time limit, can propose non-germane amendments, have more tools to stall or speed up a bill
Filibuster
speak on a bill until the deadline (talk a bill to death)
Cloture Rule (Rule 22)
A 3/5 super majority can stop debate on a bill (end a filibuster)
Speaker of the house
leader of the majority party, organizes meetings, committees and debate speakers
Why is the VP a cross of branches?
They are in both the legislative branch and executive branch
Senate Majority Leader
Chief legislator; more power than VP; sets the calendar, determines which bills will be debated on
Rules Committee
Determines which issues or bills the House will vote on and how
Committee of the Whole
An informal discussion on a bill BEFORE the formal vote
A Chairs person of a Standing Committee
The senior member of the majority party
What is a Standing committee
a permanent committee focused on a particular policy area
The Ranking Member of a Standing Committee
Senior member from the minority party
Joint Committees
Unite members from the House and Senate for routine management and research
Select Committees
Temporary committees to perform a particular study or investigation
Conference Committee
Temporary committees to iron out differences on a bill passed by both houses
About how long does it take to get a bill authored and introduced to congress?
around 2 years
Why is an Omnibus Bill also referred to as a “Christmas Tree Bill”?
because there were so many riders added to the bill that it looks completely different from the original
What is a sponser?
An author of a bill
What 3 stages must a bill go through?
- Research and testimony
- Markup (Amendments)
- Report out (gets debated and voted on)
What kind of majority passes a bill?
Simple majority
Pigeonhole
A committee chair can decide NOT to move a bill forward for debate
What is the Office of Management and Budget (OMB)?
The presidents budgeting “arm”, headed by a director (like an accountant)
Partisan
a lack of political cooperation between opposing parties
Redistricting
Re-drawing congressional lines based on shifts in population (drawn by state legislatures)
Swing Districts
districts where neither political party has a guaranteed win
Gerrymandering
illogical district lines drawn to give one party an advantage
What does gerrymandering mean in terms of candidates?
They have “safe seats” so it is far more likely to have more extreme candidates
Divided Government
When the president is of a different political party than Congress
Formal Powers of Executive
Those outlined in Article II
Ex. Appoints ambassadors and judges, may convene or adjourn congress, sign or veto bills, may recommend laws
Informal Powers of Executive
Powers INTERPRETED to be inherent in the office to achieve policy goals
Ex. Threaten veto, bargain & persuade lawmakers
Executive Order
A directive that allows the president to carry out executive authority with congressional approval
Ex. internment camps
Limits on Executive Orders
Can be challenged in court, cannot address congressional powers and can be undone by the next president
Signing Statements
Presidents offering their interpretation or commentary of a congressional bill before they actually sign it
Executive privilege
the presidents right to withhold information from another branch
Presidents Immediate Staff
Personal advisors and employees of the president who do not need Senate approval
Chief of Staff
head of staff; manages daily operations of the House
Senate Standoffs
The Senate will contest controversial appointments
War Powers Act
Limited the presidents military power; Congress can vote to approve/disapprove presidential military action within 60 days
State of the Union
Reporting on the economic, military, and social state of the Union. Since Woodrow Wilson, it has become an annual address to the nation
Appellate Jurisdiction
Hearing cases from lower courts
How can a person be convicted of treason?
2 eyewitness testimony
Judicial Review
The power of the judicial branch to examine the constitutionally of legislative acts
Right to a jury Trial
A jury trial is a citizens natural check on government accusations
Certiorari
“to make more certain”
Stare Decisis
“let the decision stand”
Precedent
A firmly established legal position
Binding Precedent
District courts ruling the same as a similarly decided case from an upper court
Persuasive Precedent
considering past decisions by distant district courts as a guiding principle
Judicial minimlism
“Judges and Justices are servants of the law, not the other way around” The supreme court takes less cases to have longer discussions
Strict Constructionist
Interprets the constitution in its original context
Liberal Constructionist
Interprets the constitution as a living document that adapts to changing times
Warren Court
very liberal Constructionist
Burger Court
Liberal Constructionist
Rehnquist Court
Strict Constructionist
11th Amend
was passed to prevent federal courts from hearing lawsuits against states
16th Amend
allows congress to impose a national income tax
Petition of Certiorari
A brief arguing of why/how a lower court erred.4/9 (rule of four) and the case will be heard
Amicus Curiaebreif
“Friend of Court”; submitted by an outside interested party to sway the courts decision
Majority Opinion
The written summary of a case the courts decision & rationale
Concurring opinion
A written statement of agreement but with a discrepancy
Dissenting Opinion
A justice explaining why they disagree with the majority opinion
Senatorial Courtesy
Appointing a lower judge based on that states senators
Getting “Borked”
To prevent confirmation by attacking a nominees past beliefs
“Nuclear Option”
they can filibuster an appointment
Bureaucracy
the vast, hierarchical network of executive branch employees that carry out the business of the federal government
Commissions
An independent body of 5-7 members
Ex. Federal Reserve
Writing and Enforcing Regulations
Congress creates the departments and agencies and gives them the authority to carry out goals and administer regulations
Enforcement and fines
Fines and other punishments can be enforced to companies that are not in compliance with regulations (compliance monitoring)
Testifying before Congress
Cabinet Secretaries and agency directors act as experts who offer their knowledge to Congress
Iron Triangles & Issue Networks
The bureaucracy is critical to advancing the goals of special interest groups
patronage
rewarding party loyalists with jobs
Spoils system
appointing government jobs through patronage and expecting loyalty and support in return
Pendleton Civil Service Act (1883)
An attempt to make federal appointments MERIT- based not patronage based
Civil Service Commission
A Bi-partisan group who ensure a candidate QUALIFIES for a job and aren’t required to make campaign contributions
Civil Service Reform Act
Created fair standards for dismissed MERIT- and diversity and presidential control
Office of Personal Management
Replaced the civil service commission; stronger MERIT- based requirements
National Performance Review
1993 overhaul under Clinton to make the bureaucracy more efficient
Administrative Procedures Act
Guidelines for agencies to make rules/Procedures that are transparent and fair
Congressional Regulation
Members of congress are elected; they must oversee the authority of agencies to prevent abuse
Implementing the Law
Discretionary Authority allows agency experts to determine laws and best actions
Code of Federal Regulations
all laws and regulations made by agencies are recorded in the federal register
Office of Information and regulatory affairs
The president can review bureaucratic regulations to see if they comply with the presidents agenda
Compliance Monitoring
ensuring that industries within their realm are complying with regulations
Committee Clearance
Congress reserves the authority to review and approve agency actions
Whistleblower Protection Act
prohibits a federal agency from retaliating against a “whistleblower”
Who takes the most cases regarding agencies?
U.S. circuit court of appeals
Shaw v. Reno
Upheld that gerrymandering cannot be SOLELY on race
5-4 decision
14th and 15th amendments
Baker v. Carr
Districts need to be drawn in proportion to population (one man on vote)
6-2 in favor of Baker
Article III Section 2 (the judicial power shall extend to all cases under the constitution)
14tth Amendment
Would a military operation be unconstitutional because only the legislative branch (congress) can declare war?
War Powers Resolution:
This law was passed to further clarify the process, requiring the President to notify Congress before committing troops to military action and seeking their approval within a set timeframe.
Limited military actions:
Some legal scholars argue that the President may use military force without a formal declaration of war in certain situations, such as responding to immediate threats or conducting limited military operations.
Congressional authorization:
Congress can still authorize the use of military force through resolutions, even if they do not formally declare war.
linkage institution
A linkage institution is a structure within a society that connects the people to the government or centralized authority. These institutions include: elections, political parties, interest groups, and the media.
Ex. NRA, AARP, NAACP
