usps midterm 2 Flashcards
Article I, Section 1
Establishes Congress
Creates a legislative institution consisting of two chambers
Article I, Section 2
Establishes a House
Article I, Section 3
Created a Senate consisting of two Senators from each state
Article I, Section 4
Elections and Assembly
State determines time, places, manner of Congressional elections
But congress has power to “make or alter” state regulations
Article I, Section 5
Power and Duties of Congress
Each house has power to judge elections of members
Each house determines rules, sanctions members, and can expel members
Article I, Section 6
Rights and Disabilities ofMembers
Compensation from Treasury
Speech protected
But can’t hold executive AND legislative office
Article I, Section 7
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
How can a presidential veto be overriden
With a 2/3 Majority Vote of Both houses
Vetoed bills return to
house from which they originated
Pocket Veto
President takes no action, and Congress is not in session
If a bill is not returned by POTUS within 10 days, it becomes law unless
Congress is adjourned
Article I, Section 8
Powers of Congress
Article 1, Section 9
Powers denied Congress
What powers are denied Congress?
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
Article I, Section 10:
Powers Denied to the States
States don’t have the power to
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
The 8 essential Roles and Duties of a member of Congress
- Representation: represent interests of people in states
- Legislation: identify local, national and international issues needing legislative attention
- Constituent service: conducting outreach
- Oversight and Investigation: making sure laws administered correctly
- Advice and Consent (Article 2, Section 2): confirming nominations and treaties
- Congressional leadership: holding leadership position within instituion
- Personal office management
- Electoral and political Activity
how is Federal judiciary organized?
Three layer pyramid
1. Supreme Court
2. Circuit (appellate) Court
3. District (trial) court
What oercent of lower court cases are reviewed by an appellate court?
20%
From where does Supreme Court hear cases
From lower federal courts or from highest state courts when important federal constitutional questions are in dispute
When do cases make it to federal court?
if they involve federal laws, treaties, or the Constiution
But when may federal courts hear cases concerning state law?
if issue at hand is whether the state law violates the national constitution or national la
To see day in federal court, prospective litigants must first… and also
determine judicial standing, and also jurisdiction
In 1992, Supreme Court created a three-part test to determine whether a party has standing to sue
- Plaintiff must have suffered an injury of legally protected interest (concrete and particularized, actual or imminent)
- Must be causal conneciton between injury and the conduct brough before the court
- Must be likely, rather than speculative, that a favorable decision by the court will redress the injury
Original Jurisdiciton
You hear a case first, Supreme Court has regarding Ambassadors, other public Ministers and Consuls, and those in which a State shall be party
Appellate Jurisdiction
Cases appealed form lwoer federal courts or directly from highest state courts
If criteria are met, litigants must file
a writ of certiorari
Writ of certiorari
requesting high Court to order a lower court to send it the records of the trial in question
How does the Court decide which cases to grant cert?
- Typically seeks rulings about large bodies of law
- Court seeks to settle disagreement by lower courts
- 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)
The major notions guiding decision-making in Supreme Court
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
Why doesn’t Article II say much about presidential pwoers?
Framers wanted to avoid conferring positive power on nation’s exeucitve.
Intention of president office design
To serve as a “check” on Congress
The disputed elements of “the executive Power shall be vested in a President of the US”
- What constitutes “executive Power”
- “a” - implies unitary nature of the office
Expressed Powers
Specific powers granted to president under Article II - also referred to as enumerated powers
Inherent Powers
Powers claimed by a president that are not expressed, but inferred - also referred to as “implied pwoers”
Delegated Powers
Constitutional powers assigned to one branch of the gov but exercised by another branch with the express permission of the first
What are Expressed Powers
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
Inherent Powers are most asserted when?
during times of crisis - like war or national emergency
What are Inherent Powers
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
4 primary sources of President’s information
- Cabinet
- Executive Office of the President - permanent agencies that help president manage executive branch
- White House Staff - analysis and advisors who work direclty for pres in West Wing
- VP and staff
The roles of the President
Legislator in Chief
Commander in Chief
Party Leader
Unilateral Actor
Legislator in Chief… what does Congress do?
Congress will often defer to president when developing legislative agendas, knowing they are arguably the most important external actor in the legislative process
Example of Congress deferring to president for legislation
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”
Even at their weakest, president still…
exercise a lot of power in the legislative process
If president signs a bill passed by Congress…
It becomes law
If they veto a bill…
it returns to originating chamber w/ description fo objections
Why is the veto arguably a sign of weakness?
Effective presidents should work w/ Congress during the legislative process to ensure that the bill passed is one they can sign
How do powerful presidents earn “legislator in chief” label
- Have advisors assisting in development of legislation on issue. Give speeches/encourage people to contact Congress
- When bill is presented to president, they invite important legislative leaders and groups outside Congress to observe signing of bill
- Then, president directs bureacracy on hwo to implement newly created law
When is a signing statement issued?
After a President signs a bill into law and is beginning to direct bureacracy on how to implement
Signing Statement
Anything from message of congrats to legislation’s sponsor to a president’s own interpretation fo law
Example of President using signing statement for “interpretation”
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
Why are signing statements significant?
considered crucial part of legislative history of bill (referred to when trying to figure out intended meaning of a bill)
Which two articles are talking about war
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
How is a president a “party leader”
- 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
- If a president is popular, co-partisans are more likely to win elections
- President has power and platform to “go public”
- President has monopoly on information
How is a president a “unilateral actor”
- Can issue executive orders (subject to judicial review and could be overturned by COngressional laws or future presidents)
Examples of influential EOs
Emancipation Proclamation, Desegregation of armed forces, internment of Japanese Americans
Most EOs tend to be..
administrative
When an action is more administrative, the president will issue a _______ instead of an EO
memorandum
Difference between memorandums and EOs
EOs have higher visibility and are printed in the Federal Register
What additional leverage does being a unilateral actor give a president over Congress
- president can issue EOs
- president submits a budget annually to congress
Who ultimately retains the power to set national spending levels?
Congress
Since the 1920s, what has the OMB been doing and why?
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
While the President retains the right to propose a budget, Congress has free reign to…
act however it sees fit, including arguing for increases or decreases from the focal point (subject to veto)
Congressional checks to presidential powers
- While they cannot restrict who advises the president, can investigate malfeasance within White House Staff
- Congress sets president’s salary, but is forbidden form lowering it over the course of the term
- Ability to impeach and remove from office
Process of impeach (between Congressional Houses)
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
Three presidents impeached
- Andrew Johnson
- Bill Clinton
- Donald Trump
Which President resigned due to impeachment proceeding which were almost certain to result in conviction?
Richard Nixon
