Unit 4 Institutions: Legislative, Executive, Bureaucracy, and Judicial Flashcards

1
Q

Adjournment

A

End of a term; date must be agreed upon by both houses

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2
Q

HoR: Terms of office

A

Two years (entire body up for reelection every two years)
=>more “responsive” and potentially radical body
More formal than senate bc more members
Term limits ruled unconstitutional

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3
Q

HoR: Qualifications

A

25 years of age
7 years citizenship
Residency in state

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4
Q

Senate: Size

A

100 members

=>More informal

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5
Q

Senate: Terms

A
6 years (1/3 up for reelection every 2 years)
=>Not as "responsive" compared to the house
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6
Q

Senate: Qualifications

A
  1. 30 years of age
  2. Citizenship for 9 years
  3. State residency
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7
Q

27th amendment

A

Members of congress set own salaries

27 prevents salary raises taking effect until the following term

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8
Q

Perks of congressmen (8)

A
  1. Setting your own salary (2014 salaries: $174,000)
  2. Staff
  3. Travel allowance
  4. Office space
  5. Franking privilege
  6. Insurance
  7. Legislative immunity
  8. Cannot be arrested or detained while going to or from a session of congress
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9
Q

Franking privilege

A

Allows members of congress to transmit mail under their signature w/out postage

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10
Q

What group is over-represented in congress

A

White, male, Protestant, upper middle class lawyers in 50s

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11
Q

Powers of congress (3)

A
  1. Expressed
  2. Institutional
  3. Implied
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12
Q

Powers denied to congress (3)

A
  1. Passing ex post facto laws
  2. Passing bills of attainder
  3. Suspending writ of habeas corpus (except in case of rebellions or invasions)
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13
Q

Expressed powers (13)

A

Article 1: Section 8

  1. Levy taxes
  2. Borrow money
  3. Regulate foreign, interstate, Indian commerce
  4. Naturalization and bankruptcy laws
  5. Coin money
  6. Establish weights and measures
  7. Punish counterfeiters
  8. Establish post offices
  9. Grant copyrights and patents
  10. Create courts inferior to Supreme Court
  11. Define and punish piracy
  12. Declare war
  13. Raise and support an army and navy
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14
Q

Institutional powers (6)

A

Those that relate to system of checks and balances

  1. Senate ratifies treaties with 2/3 vote
  2. Senate approves presidential appointments with a majority vote
  3. House votes for impeachment (needs majority) senate tries impeachment cases (needs 2/3)
  4. House elects president if no electoral majority. Senate elects V.P.
  5. Constitutional amendment if 2/3 vote both houses
  6. Both can seat, unseat, and punish own members
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15
Q

Implied powers

A

Based upon elastic clause (necessary and proper clause)

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16
Q

Ex post facto laws

A

Law that retroactively changes the legal consequences of actions that were committed

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17
Q

Bill of attainder

A

Declares a person or group guilty without trial

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18
Q

Speaker of the house (7)

A
  1. Presides over house
  2. Appoints select and conference committees.
  3. Appoints rules committee members and its chairman
  4. Assigns bill to committees
  5. Second in line for presidency after V.P.
  6. Informal powers (using the media)
  7. Speaker is picked by entire house
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19
Q

Majority leader/minority leader (2)

A
  1. Partisans positions chosen by party members

2. Floor leaders and legislative strategists

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20
Q

Majority whip/minority whip (4)

A
  1. Assistant floor leaders
  2. Inform party leaders on “mood” of house
  3. Keep nose count on important votes
  4. Persuade party members to vote with party
21
Q

Vice President of the U.S. (4)

A
  1. President of senate
  2. Presides over senate
  3. Votes in case of ties
  4. Ceremonial job
22
Q

President pro tempore (3)

A
  1. Ceremonial job- most senior member from majority party
  2. Presides in absence of V.P.
  3. Third in line of presidency after speaker
23
Q

Majority leader (senate) (6)

A
  1. True leader in Senate
  2. Recognized first for all debates
  3. True leader of majority party
  4. Influences committee assignments of senators
  5. Influences senate agenda along with minority leader
  6. Informal powers (using the media)
24
Q

Term of Congress

A

2 years

Jan. 2 or 3 of every odd numbered year

25
Q

Intentions of Founders (for Congress) (5)

A
  1. Fear of excessive power in single institution
  2. Fear of mob rule
  3. Concern about manner of representation
  4. All of these concerns were addressed with the bicameral legislature
  5. The founders believed Congress would be the dominant branch of government
26
Q

Centralization (def.) (6)

A

allows Congress to act quickly and decisively, but at the expense of individual members and the constituents whom they represent
requires
1. strong central leadership with authority over rank and file membership
2. Restrictions on debate
3. Few opportunities for stalling tactics
4. Minimal committee interference
5. A streamlined legislative process
6. Opportunity to conduct business with minimal public scrutiny

27
Q

Decentralization (def.) (6)

A

protects and enhances the interests of interests of individual members and their constituents, but prevents Congress from acting quickly and decisively. It requires

  1. Weak central leadership
  2. Few restrictions on debate
  3. Numerous opportunities for stalling tactics
  4. Powerful committee influence
  5. Complicated legislative process
  6. Close public scrutiny
28
Q

Advantages of incumbency (7)

A
  1. Franking privilege
  2. Staffers
  3. Patronage
  4. Name Recognition
  5. Casework
  6. Money, esp. from PACs
  7. Redistricting
29
Q

Malapportionment

A

districts within a state have unequal sizes

30
Q

Redistricting requirements (3)

A
  1. Districts must be as near equal in population as possible
  2. District lines must be contiguous (sharing a common border)
  3. Racial gerrymandering is prohibited
31
Q

Simple Resolution

A

passed by either the House or the Senate
established the rules of operation
no presidential signature

32
Q

Concurrent Resolution

A

settle housekeeping and procedural matters that affect both houses

33
Q

Joint Resolution

A

essentially a bill requiring the president’s signature unless it is a Constitutional amendment

34
Q

Committee actions (5)

A

Bill spends most of its time in committee

  1. Pass (reported out)
  2. Kill
  3. Amend (“markup session”) or to revise the bill
  4. Pigeonhole: most frequent fate of bill (ignored)
  5. Sent to subcommittee
35
Q

Pigeonhole

A

most frequent fate of bill (ignored)

36
Q

Discharge petition

A

requires 218 signatures and a house vote
minority party can use a discharge petition when a bill is bottled up in committee.
rarely successful

37
Q

Rules Committee: “Traffic cop” function

A

sets legislative calendar

38
Q

Rules Committee

A

Once out of committee the bill is placed on the calendar and then sent this Committee

39
Q

Committee of the Whole

A

used by House to act more informally, more quickly , and with less of a quorum (only 100)
purpose: to amend and debate. Once the bill is approved by the Committee it goes back to the house

40
Q

Bureaucracy

A

the agencies, departments, commissions, etc. within the executive branch

41
Q

Executive Office of the President (4)

A

White House Office, OMB, CEA, NSC

  • the immediate staff of the current President of the United States and multiple levels of support staff reporting to the President.
  • The size of the White House staff has increased dramatically since 1939, and has grown to include an array of policy experts in various fields.
42
Q

Independent Agencies

A

organized much like Cabinet departments, but lack Cabinet

ex. NASA, CIA, FEMA (Federal Emergency Management Agency) and SBA (Small Business Administration)

43
Q

Independent regulatory commissions

A
  • created by Congress to regulate important aspects of the nation’s economy
  • decisions of these are beyond presidential control, though commissioners are appointed by the president with senate consent.
44
Q

Independent regulatory commissioners

A
  • serve long terms (5-14 years)
  • terms are staggered
  • can be fired by the President only for causes that Congress has specified
  • quasi-legislative power: can make rules and regulations that have the force of law
  • quasi-judicial power: can settle disputes in their fields
45
Q

Government corporations

A

created by Congress to carry out various business operations

46
Q

Pendleton Act (1881)

A

created a civil service in which an exam based merit system would be used to fill government jobs

47
Q

Civil service system

A
  • a system of hiring and promotion based on the merit principle and the desire to create a nonpartisan government service
  • > 90% of federal employees are civil service workers
  • the rest are filled by presidential appointment. Known as political appointments
48
Q

Discretionary authority

A

-agencies have the power to choose various courses of action when Congress writes broadly worded laws that allow for bureaucratic interpretation

49
Q

Reasons for growth of the bureaucracy (5)

A
  1. National growth; need for agencies to cope with additional population
  2. Need for agencies to manage new technologies
  3. International crises increase power for the defense department