Unit 2 (AP) Flashcards
How are the House and Senate different?
house
-2 yr term
-435 members (proportionate to state pop.)
-power to initiate revenue bills, impeach officials
senate
-6 yr term
100 members (2 per state)
-ratify treaties, confirm presidential nominations, try impeached officials
How do Representatives and Senators represent their constituents?
2 senators per state (100)
435 house (proportionate to state pop)
Bicameral
Two house legislature (in the US it is the House of Representatives and the Senate)
Explain the role and importance of the House Rules Committee
in charge of determining under what rule other bills will come to the floor
not actually responsible for a certain area of policy
reviews, adopts and schedules consideration of floor resolutions
What are the roles of leaders, parties, and committees in Congress?
leaders: to facilitate, influence, organize and delegate to the congress
parties: political parties, usually vote with bills that have the ideals of their party
committees: to specialize in certain issues to discuss potential laws (bills) ex: agriculture, budget, armed forces, transportation
The lawmaking process in Congress
bills can be drafted by anyone, but can only be proposed by congress members
What are the factors that influence how members of Congress make decisions?
getting reelected (pork)
voting with same party members
influence by whips and other congress members;
What is the House ways and means committee and what is it responsible for?
chief tax writing committee of the congress
members on this committee are not allowed to serve on any other committee
responsible for making recommendations to the house on all bills for raising revenue. concerns on taxes, customs duties, and international trade agreements
delegate model of representation
a model of representation in which representatives feel compelled to act on the specific stated wishes of their constituents
How does congress override a veto?
2/3 vote in both houses
What does a “closed rule” mean on a House bill?
a procedural maneuver that prohibits any amendments to bills up for a vote on the House floor, unless they are recommended by the committee reporting the bill
How Congress “check” the power of the courts?
impeach judges
confirm nominations of judges
How does Congress “check” the power of the Executive branch? budget
approve nominations
can use majority rule to override vetos
How does Congress impeach the president?
first vote in house, if pass..
senate holds a trial overseen by chief justice of supreme court (senate is jury)
if 2/3 of senate find guilty, he is removed and vp takes over
How can the president influence legislation?
threat of a veto
can propose alternations to avoid veto
Who makes up the president’s cabinet?
vice president
15 heads of executive departments
U.S. Department of Agriculture
U.S. Department of Commerce
U.S. Department of Defense
U.S. Department of Education
U.S. Department of Energy
U.S. Department of Health and Human Services
U.S. Department of Homeland Security
U.S. Department of Housing and Urban Development
U.S. Department of Justice
U.S. Department of Labor
U.S. Department of State
U.S. Department of the Interior
U.S. Department of the Treasury
U.S. Department of Transportation
U.S. Department of Veterans Affairs
Know the many roles of the president
(1) chief of state, (2) chief executive, (3) chief administrator, (4) chief diplomat, (5) commander in chief, (6) chief legislator, (7) party chief, and (8) chief citizen
List and explain the expressed and implied powers of the president and describe the differences between the two
expressed powers of the president
-execute law
-appoint department heads
-veto legislation
-deliver state of the union
-make policy recommendations
-convene and adjourn congress
-appoint ambassadors
-receive ambassadors
-serve as commander in chief
implied powers of the president
-organize federal bureaucracy
-issue executive orders
-exercise executive privilege
-enter into treaties with foreign nations
-serve as head of state
How can a president be removed?
impeachment and conviction by the senate for treason bribery, or other high crimes and misdemeanors (impeachment)
How has office of the President expanded since ratification of the Constitution?
changed from about three cabinet members to 15 cabinet members
hundreds of people work in the white house itself
What are the roles of the Vice President? Cabinet? Executive Office? White House Staff?
vp: presiding officer over the senate, ceremonial duties
cabinet: advise the president on any subject he may require relating to the duties of each members respective office
executive office: (EOP) provide the president with the support they need to to govern effectively
white house staff: personal assistants to the President
How does the president use the bully pulpit?
to influence the public
ex: Teddy Roosevelt used popularity and access to the media to ask the American people to change things - not wait around for gov to fix things, but to fix things themselves
ex: FDR fireside chats = faith and unity in the government
How does the President win congressional support?
developing good relations with Congress, good tactics, good powers of persuasion and bargaining
What are the factors the affect the president’s ability to get public support?
Size of the mandate at the last election
Previous Washington experience
Oratorical skills
Competent senior White House staff
Good at handling crises
Good relations with congress and effectiveness in congress
Provide some examples of executive actions/agreements
ex: executive agreement:
North American Free Trade Agreement (NAFTA)
entered into with congressional authority, negotiated by president then submitted to Congress for approval
US and Mexico created large free trade for imports and exports between the country for goods and services
ex: executive action
trump can make an executive order to build a wall, but it is up to congress to appropriate funds for it to actually happen
What “checks” does the president have on the judiciary?
nominate judges
What “checks” does the president have on Congress?
may veto bills, may adjourn Congress in certain situations
What was the intent of the War Powers Resolution? (What events led to its creation?) How effective is it in limiting the president?
intended to check the president’s power to commit the US to an armed conflict without the consent of the senate
It provides that the U.S. President can send U.S. Armed Forces into action abroad only by declaration of war by Congress
has been violated
Diagram the Executive Branch (White House Staff, Executive Office, Independent Agencies, Executive Departments) and describe the function/examples of each
president
-VP-president of the Senate; breaks tie votes
-white house staff: provide for needs within the white house
executive departments: the cabinet, includes defense, education, homeland security
executive office: supports the work of the President, ex: office of management budget
independent agencies: ex: EPA, FCC;
Who are and what makes up the Bureaucracy?
cabinet department
independent regulatory commission
government corporations
independent executive agencies
How do federal bureaucrats get their jobs?
they are appointed based on the merit principle (used to be based on patronage but pendleton civil service act banned that)
president and congress have a say in hiring head officials of agencies
NOT elected by the people
What are the four types of agencies into which the federal bureaucracy is organized?
cabinet department
-15, each headed by a secretary
independent regulatory commission
-gov agency with responsibility for making and enforcing rules to protect public interest in some sector of economy and for judging disputes over rules
government corporations
-gov organizations that provides a service that could be delivered by the private sector and typically charges for its service (postal service)
independent executive agencies
-gov agencies not accounted for by cabinet departments. admin appointed by president and serve at president’s pleasure (NASA)
What are the factors that influence the effectiveness of bureaucratic implementation of public policy?
factors that can cause failure..
-program design
-lack of clarity
-administrative routine
-administration’s dispositions
-lack of resources
-lack of authority
-fragmentation
so opposite of ^^ = effective implementation of public policy
How is the bureaucracy controlled? (checks on the bureaucracy)
president
-appoint people to head agency
-issue orders (executive order)
-alter budget
-reorganize agency
congress
-influencing appointment of agency heads
-alter agency’s budget
-hold hearings
-rewrite legislation or make it more detailed
What is the role of Iron Triangles?
also known as sub governments, mutually dependent and advantageous relationship between bureaucratic agencies, interest groups and congressional committees or subcommittees. dominate some areas of domestic policy making
Why does Congress delegate “rulemaking authority” to the Bureaucracy?
Congress passes the bills to make them laws, bureaucracies actually implement the laws into the public
bill
a proposed law presented to a legislative body for consideration, drafted in legal languages, house or reps or senate has to formally submit for consideration (anyone can draft one)
constituent
a person whom a member of Congress has been elected to represent;divided government one party controls the White House and another party controls one or both houses of Congress
executive agency
An administrative agency within the executive branch of government. At the federal level, executive agencies are those within the cabinet departments.
house rules committee
reviews all bills coming from a House committee before they go to the full House and schedules before full house
house ways and means committee
The House of Representatives committee that, along with the Senate Finance Committee, writes the tax codes, subject to the approval of Congress as a whole.
incumbent
individuals who already hold office, in congressional elections, incumbents usually win
majority leader
partisan ally of speaker of house, majority party’s manager in senate, responsible in each house for scheduling bills, influencing committee assignments, and rounding up votes on behalf of party’s legislative positions
minority leader
The principal leader of the minority party in the House of Representatives or in the Senate.
trustee model of representation
a model of representation in which representatives feel at liberty to act in the way they believe is best for their constituents
bully pulpit
the president’s use of his prestige and visibility to guide or enthuse the American public
twenty-second amendment
Passed in 1951, the amendment that limits presidents to two terms of office.
war powers resolution
law passed in 1973 the requires presidents to consult with congress whenever possible prior to using military force and to withdraw forces after 60 days unless congress declares war or authorizes an extension
civil service
A system of hiring and promotion based on the merit principle and the desire to create a nonpartisan government service.
deregulation
The lifting of government restrictions on business, industry, and professional activities
government corporations
government organization that provides a service that could be delivered by a private sector and typically charges for its service (ex: Postal Service)
iron triangles (subgovernments)
A network of groups within the American political system that exercise a great deal of control over specific policy areas. They are composed of interest group leaders interested in a particular policy, the government agency in charge of administering that policy, and the members of congressional committees and subcommittees handling that policy.
policy implementation
the stage of policymaking between the establishment of a policy and the consequences of the policy for the people whom it affects. It involves translating the goals and objectives of a policy into an operating, ongoing program.
Senior Executive Service
An elite cadre of about 9,000 federal government managers at the top of the civil service system.
delegate (member of Congress)
A representative who votes based on what they think is best for their constituency
descriptive representation
a type of representation in which representatives have the same racial, gender, ethnic, religious, or educational backgrounds as their constituents
It is based on the principle that if two individuals are similar in background, character, interests, and perspectives, then one can correctly represent the other’s views
substantive representation
a type of representation in which a representative is held accountable to a constituency if he or she fails to represent that constituency properly
this is incentive for the representative to provide good representation when his or her personal background, views, and interests differ from those of their constituency
pork barrel (or pork)
appropriations made by legislative bodies for local projects that are often not needed but that are created so that local representatives can win re-election in their home districts
redistricting/apportionment
the process of redrawing election districts and redistributing legislative representatives
this happens every 10 years to reflect shifts in population
gerrymandering
drawing legislative districts in such a way to give unfair advantage to a political party or one racial or ethnic group
conference
a gathering of House Republicans every two years to elect their House leaders
Democrats call their gathering the “caucus”
caucus (political)
a normally closed political party business meeting of citizens or lawmakers to select candidates, elect officers, plan strategy, or make decisions regarding legislative matters
Speaker of the House
the chief presiding officer of the House of Representatives. The Speaker is the most important party and House leader, and can influence the legislative agenda, the fate of individual pieces of legislation, and members’ positions within the House
whip
a party member in the House or Senate responsible for coordinating the party’s legislative strategy, building support for key issues, and counting votes
standing committee
a permanent committee with the power to propose and write legislation that covers a particular subject, such as finance or agriculture
markup
the session in which a congressional committee rewrites legislation to incorporate changes discussed during hearings on a bill
select committees (usually)
temporary legislative committees set up to highlight or investigate a particular issue or address an issue not within the jurisdiction of existing committees
joint committees
legislative committees formed of members of both the House and Senate
conference committees
joint committees created to work out a compromise on House and Senate versions of a piece of legislation
seniority
the ranking given to an individual on the basis of length of continuous service on a committee in Congress
staff agencies
legislative support agencies responsible for policy analysis
open rule
a provision by the House Rules Committee that permits floor debate and the addition of amendments to a bill
closed rule
a provision by the House Rules Committee limiting or prohibiting the introduction of amendments during debate
filibuster
a tactic used by members of the Senate to prevent action on legislation they oppose by continuously holding the floor and speaking until the majority backs down
once given the floor, senators have unlimited time to speak, and it requires a vote of three-fifths of the Senate to end a filibuster
cloture
a rule or process in a legislative body aimed at ending debate on a given bill
in the U.S. Senate, 60 senators (three-fifths) must agree in order to impose a time limit and end debate
roll-call vote
a vote in which each legislator’s yes or no vote is recorded as the clerk calls the names of the members alphabetically
veto
the president’s constitutional power to turn down acts of Congress. A presidential veto may be overridden by a two-thirds vote of each house of Congress
pocket veto
a presidential veto that is automatically triggered if the president does not act on a given piece of legislation passed during the final 10 days of a legislative session
multiple referral
the practice of referring a bill to more than one committee for consideration
party unity vote
a roll-call vote in the House or Senate in which at least 50 percent of the members of one party take a particular position and are opposed by at least 50 percent of the members of the other party
oversight
the effort by Congress, through hearings, investigations, and other techniques, to exercise control over the activities of executive agencies
impeachment process
the formal charge by the House of Representatives that a government official has committed “Treason, Bribery, or other high Crimes and Misdemeanors”; House acts as a grand jury
the trial occurs in the Senate with the Senators acting as the jury
expressed powers
specific powers granted by the Constitution to Congress (Article I, Section 8) and to the president (Article II)
executive agreement
an agreement, made between the president and another country, that has the force of a treaty but does not require the Senate’s “advice and consent”
executive privilege
the claim that confidential communications between a president and close advisers should not be revealed without the consent of the president
implied powers
powers derived from the necessary and proper clause of Article I, Section 8, of the Constitution
such powers are not specifically expressed but are implied through the expansive interpretation of delegated powers
delegated powers
constitutional powers that are assigned to one governmental agency but that are exercised by another agency with the express permission of the first
inherent powers
powers claimed by a president that are not expressed in the Constitution but are inferred from it
Cabinet
the secretaries, or chief administrators, of the major departments of the federal government. Cabinet secretaries are appointed by the president with the consent of the Senate
White House staff
analysts and advisers to the president, each of whom is often given the title “special assistant”
Executive Office of the President (EOP)
the permanent agencies that performed defined management tasks for the president (includes the Office of Management and Budget, the Council of Economic Advisers, the National Security Council, and other agencies)
executive order
a rule or regulation issued by the president that has the effect and formal status of legislation
bureaucracy
the complex structure of offices, tasks, rules, and principles of organization that are employed by all large-scale institutions to coordinate the work of their personnel
implementation
the efforts of departments and agencies to translate laws into specific bureaucratic rules and actions
principal-agent problem
a conflict in priorities between an actor and the representative authorized to act on the actor’s behalf
executive departments
the 15 departments in the executive branch headed by Cabinet secretaries and constituting the majority of the federal bureaucracy
merit system
a product of civil service reform, in which appointees to positions in public bureaucracies must objectively be deemed qualified for those positions
political appointees
The presidentially appointed layer of the bureaucracy on top of the civil service
privatization
the process by which a formerly public service becomes a service provided by a private company but paid for by the government
Office of Management and Budget (OMB)
the agency in the Executive Office of the President with control over the federal budget and regulations
“police patrol” oversight
regular or even preemptive congressional hearings on bureaucratic agency operations
“fire alarm” oversight
episodic, as-needed congressional hearings on bureaucratic agency operations, usually prompted by media attention or advocacy group complaints
inspectors general (IGs)
independent audit organizations located in most federal agencies
whistleblower
employees who report wrongdoing in public or private organizations, including federal agencies
regulatory capture
a form of government failure in which regulatory agencies become too sympathetic to interests or businesses they are supposed to regulate
criminal law
the branch of law that regulates the conduct of individuals, defines crimes, and specifies punishment for proscribed conduct
plaintiff
the individual or organization that brings a complaint in court
defendant
the one against whom a complaint is brought in a criminal or civil case
civil law
the branch of law that deals with disputes that do not involve criminal penalties
precedent
prior case whose principles are used by judges as the basis for their decision in a present case
trial court
the first court to hear a criminal or civil case
court of appeals
a court that hears appeals of trial court decisions
Supreme Court
the highest court in a particular state or in the United States
this court primarily serves an appellate function
plea bargain
a negotiated agreement in a criminal case in which a defendant agrees to plead guilty in return for the state’s agreement to reduce the severity of the criminal charge or prison sentence the defendant is facing
jurisdiction
the sphere of a court’s power and authority
original jurisdiction
the authority to initially consider a case;distinguished from appellate jurisdiction, which is the authority to hear appeals from a lower court’s decision
due process of law
the right of every individual against arbitrary action by national or state governments
habeas corpus
a court order that the individuals in custody be brought into court and shown the cause for detention
habeas corpus is guaranteed by the Constitution and can be suspended only in cases of rebellion or invasion
chief justice
justice on the Supreme Court who presides over the Court’s public sessions and whose official title is “chief justice of the United States”
class-action suit
a legal action by which a group or class of individuals with common interests can file a suit on behalf of everyone who shares that interest
judicial review
the power of the courts to review actions of the legislative and executive branches and, if necessary, declare them invalid or unconstitutional
the Supreme Court asserted this power in Marbury v. Madison (1803)
supremacy clause
Article VI of the Constitution, which states that laws passed by the national government and all treaties are the supreme law of the land and superior to all laws adopted by any state or any subdivision
standing
the right of an individual or organization to initiate a court case, on the basis of their having a substantial stake in the outcome
mootness
a criterion used by courts to screen cases that no longer require resolution
writ of certiorari
a court process to seek judicial review of a decision of a lower court or government agency
certiorari is Latin, meaning “to make more certain”
rule of four
a decision of at least four of the nine Supreme Court justices to review a decision of a lower court
solicitor general
the top government lawyer in all cases before the Supreme Court where the government is a party
amicus curiae
literally, “friend of the court”
individuals or groups who are not parties to a lawsuit but who seek to assist the Supreme Court in reaching a decision by presenting additional briefs
briefs
written documents in which attorneys explain, using case precedents, why the court should find in favor of their client
oral arguments
the stage in the Supreme Court procedure in which attorneys for both sides appear before the Court to present their positions and answer questions posed by the justices
opinion
the written explanation of the Supreme Court’s decision in a particular case
concurring opinion
a written opinion by a judge agreeing with the majority opinion but giving different reasons for the decision
dissenting opinion
a decision written by a justice in the minority in a particular case, in which the justice wishes to express the reasoning for dissenting in the case
stare decisis
deciding cases on the rules and principles set forth in previous court rulings
stare decisis is Latin meaning “to let the decision stand”
judicial restraint
judicial philosophy whose adherents refuse to go beyond the clear words of the Constitution in interpreting the document’s meaning
judicial activism
judicial philosophy that posits that the Court should go beyond the words of the Constitution or a statute to consider the broader societal implications of its decisions
