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usps midterm 2 Flashcards

1
Q

Article I, Section 1

A

Establishes Congress
Creates a legislative institution consisting of two chambers

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2
Q

Article I, Section 2

A

Establishes a House

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3
Q

Article I, Section 3

A

Created a Senate consisting of two Senators from each state

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4
Q

Article I, Section 4

A

Elections and Assembly
State determines time, places, manner of Congressional elections
But congress has power to “make or alter” state regulations

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5
Q

Article I, Section 5

A

Power and Duties of Congress
Each house has power to judge elections of members
Each house determines rules, sanctions members, and can expel members

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6
Q

Article I, Section 6

A

Rights and Disabilities ofMembers
Compensation from Treasury
Speech protected
But can’t hold executive AND legislative office

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7
Q

Article I, Section 7

A

Legislative Process
Origination Clause: all bills for raising revenue must originate in the House
Presentment clause: bills must be presented to President for signature or veto

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8
Q

How can a presidential veto be overriden

A

With a 2/3 Majority Vote of Both houses

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9
Q

Vetoed bills return to

A

house from which they originated

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10
Q

Pocket Veto

A

President takes no action, and Congress is not in session

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11
Q

If a bill is not returned by POTUS within 10 days, it becomes law unless

A

Congress is adjourned

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12
Q

Article I, Section 8

A

Powers of Congress

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13
Q

What do the Powers of Congress include? List 5-7

A

Tax and spend
Borrow money
Regulate international and domestic commerce
Establish rules for naturalization
Coin money
Establish post offices
Declare War
Raise/Support Armies
Make all laws necessary for execution of powers

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14
Q

Article 1, Section 9

A

Powers denied Congress

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15
Q

What powers are denied Congress?

A

Suspend habeas corpus: protection against unlawful detention (w/out trial)

Pass bill of attainder: declares person or group guilty and punishing them

Ex post facto law: retroactively changes the legal consequences (or status) of actions that were committed, before enactment of law

Levy direct taxes - later suspended

Treat states differently in regulating inter-state commerce

Grant titles of nobility

Draw money from Treasury unless appropriated by law - appropriations clause

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16
Q

Article I, Section 10:

A

Powers Denied to the States

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17
Q

States don’t have the power to

A

Enter treaties
Coin money
Pass bills of attainder, ex post facto, contracts clause
Grant novility
Tax imports/exports
Keep troops, sign treaties, engage in war without Congress’s consent

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18
Q

The 8 essential Roles and Duties of a member of Congress

A
  1. Representation: represent interests of people in states
  2. Legislation: identify local, national and international issues needing legislative attention
  3. Constituent service: conducting outreach
  4. Oversight and Investigation: making sure laws administered correctly
  5. Advice and Consent (Article 2, Section 2): confirming nominations and treaties
  6. Congressional leadership: holding leadership position within instituion
  7. Personal office management
  8. Electoral and political Activity
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19
Q

Example of Omnibus Legislation

A

Consolidated Appropriations Act: contained covid relief bills, pipeline safety bill, 12 appropriations, and was over 5000 pages

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20
Q

Omnibus legislation

A

Extremely long legislation bundling many smaller and unrelated bills into one

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21
Q

What percent of bills have been enacted in the last few Congresses

A

3%. But this was also the case in the 70s. It’s just a lot more bills were being introduced back then, and they were shorter

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22
Q

The most critiques of Congress

A

Regular Order
Civility
Capacity Problem/Gingrich
Inefficiency in addressing problems

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23
Q

What did the Gingrich REvolution in 1990s do

A

Slashed government and Congress funding, reduced number and pay to Congressional staff –> contributing to capacity problem

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24
Q

Example of creating bad policy do to bad capacity

A

King v Burwell (2015)
plaintiffs charged that law provided tax credits for health insurance, but another place in the law denied this. This contradiction led to legal and regulatory confusion

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25
Q

Example of slow to respond to problems

A

Safehouse wanted to estalish safe injection sites in Philly
But the Anti-Drug Abuse act of 1986 prohibited maintaining any place for purpose of distributing substances
Instead of lobbying Congress, they established site, were taken to court, and bypassed congress

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26
Q

Great broadening

A

Occurred in 1960s, where the US gov’s policy agenda expanded significantly

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27
Q

Election of 1800

A

Sets the stage for American judicial politics
Between the Federalist Party and Dem-Reps
Extremely bitter, but Dem REps ultimately won with Jefferson taking third POTUS and Aaron Burr thirs VPOTUS

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28
Q

What Act did Federalists pass in response to Election of 1800

A

Judiciary Act of 1801

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29
Q

Judiciary Act of 1801

A

Sought to protect Constitution against “schemes” of Dem-Reps by increasing number of district and appeals courts and creating new judgeships and packing them with Federalists

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30
Q

Which constituional power (article) did Judiciary Act use?

A

Article III, which stated Congress could establish lower courts

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31
Q

What else did Adams do? And what did Marshall fail to do? And how did Jefferson respond?

A

Adams appointed a large # of justices of the peace for DC and even had their commissions signed and ready. But marshall failed to deliver these commisions. And Jefferson ordered new SOS James Madison to not deliver these commisions

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31
Q

Marbury v Madison - summarized

A

A would be justice of the peace, William marbury, petitioned SUpreme Court for a writ of mandamus compelling Madison to show cause for why he should not receive commission.
Court agreed that writ of mandamus was proper way for marbury to seek remedy and found madison’s refual to deliver commission illegal (violates Section 13 of Judiciary Act of 1789)
But concluded court could not issue it ebcause Judiciary Act of 1789 conflicted with Constitution
Supremacy Clause palces Constition before federal and state laws. Congress cannot modify Constiution through regular legislative means
Established the principle of Judicial Review

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32
Q

President Adams nominated and Senate confirmed who as new chief Justice

A

John marshall

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33
Q

Judicial Review

A

The power of the Supreme Court to declare actions of the legislative and executive branches unconstituional

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34
Q

When did Judicial Review “surge”

A

20s-30s and after the 1960s

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35
Q

What are the 3 eras for the development of the modern court

A
  1. Ambiguities over national versus state authority
  2. Government regulation of the economy
  3. Civil Rights and Liberties
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36
Q

What article and section do Framers agree to defer to Congress to create inferior courts?

A

Article III, Section I

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37
Q

Judiciary Act of 1789

A

Established a federal court system separate from individual state courts
1. Federal district courts and circuit courts would have specific, limited jurisdiction
2. The Supreme Court would ahve OG jurisdiction provided for in the Constitution
3. The Supreme Court would handle appeals from federal circuit courts and certain appeals froms tate courts
4. Congress could regulate jurisdiction of all federal courts

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38
Q

how is Federal judiciary organized?

A

Three layer pyramid
1. Supreme Court
2. Circuit (appellate) Court
3. District (trial) court

39
Q

What oercent of lower court cases are reviewed by an appellate court?

A

20%

40
Q

From where does Supreme Court hear cases

A

From lower federal courts or from highest state courts when important federal constitutional questions are in dispute

41
Q

When do cases make it to federal court?

A

if they involve federal laws, treaties, or the Constiution

42
Q

But when may federal courts hear cases concerning state law?

A

if issue at hand is whether the state law violates the national constitution or national la

43
Q

To see day in federal court, prospective litigants must first… and also

A

determine judicial standing, and also jurisdiction

44
Q

In 1992, Supreme Court created a three-part test to determine whether a party has standing to sue

A
  1. Plaintiff must have suffered an injury of legally protected interest (concrete and particularized, actual or imminent)
  2. Must be causal conneciton between injury and the conduct brough before the court
  3. Must be likely, rather than speculative, that a favorable decision by the court will redress the injury
45
Q

Original Jurisdiciton

A

You hear a case first, Supreme Court has regarding Ambassadors, other public Ministers and Consuls, and those in which a State shall be party

46
Q

Appellate Jurisdiction

A

Cases appealed form lwoer federal courts or directly from highest state courts

47
Q

If criteria are met, litigants must file

A

a writ of certiorari

48
Q

Writ of certiorari

A

requesting high Court to order a lower court to send it the records of the trial in question

49
Q

How does the Court decide which cases to grant cert?

A
  1. Typically seeks rulings about large bodies of law
  2. Court seeks to settle disagreement by lower courts
  3. Court relies on public pulse through amicus curiae briefs - filed by interest groups, parties, business (arguements about whether certiorari should be granted or denied and how cases should be decided)
50
Q

The major notions guiding decision-making in Supreme Court

A

Judicial Activism - precedent overturned
Judicial Restraint - strick with precendent
Theory of Original intent - Stick with intentions of authors
Living Constitution Theory - consider the historical context of US, adapt to times and changes

51
Q

Why doesn’t Article II say much about presidential pwoers?

A

Framers wanted to avoid conferring positive power on nation’s exeucitve.

52
Q

Intention of president office design

A

To serve as a “check” on Congress

53
Q

The disputed elements of “the executive Power shall be vested in a President of the US”

A
  1. What constitutes “executive Power”
  2. “a” - implies unitary nature of the office
54
Q

Expressed Powers

A

Specific powers granted to president under Article II - also referred to as enumerated powers

55
Q

Inherent Powers

A

Powers claimed by a president that are not expressed, but inferred - also referred to as “implied pwoers”

56
Q

Delegated Powers

A

Constitutional powers assigned to one branch of the gov but exercised by another branch with the express permission of the first

57
Q

What are Expressed Powers

A

Commander-in-chief of Armed Forces
Diplomat in chief
Veto and sign legislation
Enforce laws passed by Congress
Nominate cabinet, Supreme Court, and other ambassadors
Grant Pardons

58
Q

Inherent Powers are most asserted when?

A

during times of crisis - like war or national emergency

58
Q

What are Inherent Powers

A

Signing statements
EOs
Agenda control - bully pulpit and party leadership
Power over domestic security
Power to make war - under title “commander in chief”
EOs and executive privilege

59
Q

4 primary sources of President’s information

A
  1. Cabinet
  2. Executive Office of the President - permanent agencies that help president manage executive branch
  3. White House Staff - analysis and advisors who work direclty for pres in West Wing
  4. VP and staff
60
Q

The roles of the President

A

Legislator in Chief
Commander in Chief
Party Leader
Unilateral Actor

61
Q

Legislator in Chief… what does Congress do?

A

Congress will often defer to president when developing legislative agendas, knowing they are arguably the most important external actor in the legislative process

62
Q

Example of Congress deferring to president for legislation

A

Before debating immigration reform in 2018, Senate majority leader mitch McConnell stated that “He’s looking for something Trump supports. And he’s not yet indicated what masure he’s willing to sign”

63
Q

Even at their weakest, president still…

A

exercise a lot of power in the legislative process

64
Q

If president signs a bill passed by Congress…

A

It becomes law

65
Q

If they veto a bill…

A

it returns to originating chamber w/ description fo objections

66
Q

Why is the veto arguably a sign of weakness?

A

Effective presidents should work w/ Congress during the legislative process to ensure that the bill passed is one they can sign

67
Q

How do powerful presidents earn “legislator in chief” label

A
  1. Have advisors assisting in development of legislation on issue. Give speeches/encourage people to contact Congress
  2. When bill is presented to president, they invite important legislative leaders and groups outside Congress to observe signing of bill
  3. Then, president directs bureacracy on hwo to implement newly created law
68
Q

When is a signing statement issued?

A

After a President signs a bill into law and is beginning to direct bureacracy on how to implement

69
Q

Signing Statement

A

Anything from message of congrats to legislation’s sponsor to a president’s own interpretation fo law

70
Q

Example of President using signing statement for “interpretation”

A

In 2005, Bush signs the Detainee Treatment Act into law. Prohibits “cruel, inhuman treatment or punishment” of prisoners of US gov. However, Bush issues a singing statement declaring he views this in the “context of his broader powers to protect national security”. His constitutional power could essentially waive these legislative restrictions as he saw fit

71
Q

Why are signing statements significant?

A

considered crucial part of legislative history of bill (referred to when trying to figure out intended meaning of a bill)

72
Q

Which two articles are talking about war

A

Article I states only COngress has power to declare war and appropriate military funding
but Article II affords presidents power to direct war
Example of checks and balances: splitting powers among two branches

73
Q

How many times has Congress declared war

A

11 times

74
Q

When was the most recent declaration of war?

A

Against Romanian, Hungary, and Bulgaria in WW2

75
Q

What other prominent military excursions has the US been apart of?

A

Korean War (1950), Vietname War (1962), War On Terror (2001)

76
Q

How do we interpret the dichotomy of war powers?

A

The President’s war powers have been interpreted to superceded Congress’s powers to declare war

77
Q

Example where COngress stopped short of declaring war but gave president authority to direct mlitary action

A
  1. Tonkin Gulf Resolution of 1964: gave Lyndon Johnson authority increase US involvement in Vietnam
  2. Authorization for Use of military Force of 2001: authorized force braodly against perpetraotrs of 9/11 attacks
78
Q

When did Congress limit presidential pwoer?

A

War Powers Resolution of 1973: vetoed by Nixon but then overrode by Congress

79
Q

What did the war powers resolution act of 1973 do?

A

Authorizes Congress to limit president’s ability to initiate or escalate military action abroad. stipulates president must notify COngress w/in 48 hours of military

80
Q

Advocates and critics of WPA

A

Advocates: say Congress can never know as much as congress
Critics: argue interferes with authority in president’s title as commander in chief
says forces Congress into a corner

81
Q

How is a president a “party leader”

A
  1. Co-partisans perceive president’s popularity as having an impact on their own electability - thus on chances of their party winning or retaining congressional majoirty
  2. If a president is popular, co-partisans are more likely to win elections
  3. President has power and platform to “go public”
  4. President has monopoly on information
82
Q

How is a president a “unilateral actor”

A
  1. Can issue executive orders (subject to judicial review and could be overturned by COngressional laws or future presidents)
83
Q

Examples of influential EOs

A

Emancipation Proclamation, Desegregation of armed forces, internment of Japanese Americans

84
Q

Most EOs tend to be..

A

administrative

85
Q

When an action is more administrative, the president will issue a _______ instead of an EO

A

memorandum

86
Q

Difference between memorandums and EOs

A

EOs have higher visibility and are printed in the Federal Register

87
Q

What additional leverage does being a unilateral actor give a president over Congress

A
  1. president can issue EOs
  2. president submits a budget annually to congress
88
Q

Who ultimately retains the power to set national spending levels?

A

Congress

89
Q

Since the 1920s, what has the OMB been doing and why?

A

Putting together first drafts of a national budget. Congress allows the President this task because they recognize the president is more equipped to determine how much is needed to carry out gov’s programs. But Congress still ahs right to accept, reject, or modify president’s budget

90
Q

While the President retains the right to propose a budget, Congress has free reign to…

A

act however it sees fit, including arguing for increases or decreases from the focal point (subject to veto)

91
Q

Congressional checks to presidential powers

A
  1. While they cannot restrict who advises the president, can investigate malfeasance within White House Staff
  2. Congress sets president’s salary, but is forbidden form lowering it over the course of the term
  3. Ability to impeach and remove from office
92
Q

Process of impeach (between Congressional Houses)

A

House: has task of developing articles of impeachment - or, the case for the president’s removal
If article receive House majority support…
Senate: tries the impeachment: with two outcomes: removal or acquittal

93
Q

Three presidents impeached

A
  1. Andrew Johnson
  2. Bill Clinton
  3. Donald Trump
94
Q

Which President resigned due to impeachment proceeding which were almost certain to result in conviction?

A

Richard Nixon

usps midterm 2 (1 decks)

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