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Unit 3 Study Guide

Terms in this set (75)

incumbency
already holding an office
filibuster
a way of halting Senate action on a bill by means of long speeches or unlimited debate
Speaker of the House
The only officer of the House of Representatives specifically mentioned in the Constitution; the chamber's most powerful position; traditionally a member of the majority party
standing committees
committee to which proposed bills are referred; continues from one Congress to the next
conference committees
Special joint committee created to reconcile differences in bills passed by the House and Senate
cloture
mechanism requiring the vote of sixty senators to cut off the debate
gerrymandering
the drawing of congressional districts to produce a particular electoral outcome without regard to the state
reapportionment
the reallocation of the number of seats in the House of Representatives after each decennial consensus
joint committees
standing committee that includes members from both houses of Congress set up to conduct investigations or special studies
select committees
temporary committee appointed for a specific purpose
appropriation
the process of allotting congressional seats to each state according to its proportion of the population, following the decennial census
constituents
the people who live and vote in a representative's home district or state
redistricting
the process of redrawing congressional districts to reflect increases or decreases in seats allotted to the states as well as population shifts within a state
legislative oversight
examining other branches of government (special committee)
franking privilege
the right of members of Congress to send mail to their constituents at the government's expense
casework
the work of investigation, advice, supervision, etc. by social workers of the like, in cases handled by them
22nd Amendment
prevents a president from serving more than two terms, or more than 10 years if he came to the office via the death, resignation, or impeachment of his predecessor
25th Amendment
establishes procedures for filling vacancies in the office of president and vice president as well as providing for procedures to deal with the disability of a president
cabinet
the formal body of presidential advisors who head the fifteen executive departments
veto
the formal constitutional authority of the president to reject bills passed by both houses of congress thus preventing them from becoming law without further congressional action
Wars Power Resolution
passed by Congress in 1973; requires the authorization of Congress to deploy troops overseas and limits the time of their deployment
executive agreement
formal international agreements entered into by the president that do not require the advice and consent of the U.S. Senate
impeachment
the power delegated to the House in the Constitution to charge the president, VP, or other "civil officers, including federal judges, with Treason, Bribery, or other high crimes and misdemeanors. This is the first step in the constitutional process of removing government officials from office- must have 2/3 majority from the House
pocket veto
if congress adjourns during the ten days the president has to consider a bill passes by both houses of Congress, the bill is considered vetoed without the president's signature
bureaucracy
the thousands of federal government agencies and institutions that implement and administer federal laws and programs
civil service
the merit system by which many federal bureaucrats are selected
independent regulatory agency
an entity created by congress outside a major executive department
independent executive agencies
governmental units that closely resemble a cabinet department but have narrower areas of responsibility and perform services rather than regulatory functions
regulation
rules governing the operation of all government programs that have the force of law
executive orders
rules or regulations issued by the president that have the effect of law. All executive orders must be published by the federal registrar
political appointments
refers broadly to any employee who is appointed by the president, vice president, or agency head
patronage
jobs, grants, or other special favors that are given as rewards to friends and political allies for their support
merit system
a system of employment based on qualifications, test scores, and ability rather than party loyalty 3
governmental corporations
businesses established by Congress to perform functions that private business could provide
policy implementations
the process by which a law or policy is put into operation
deregulation
a reduction in market controls (such as price fixing, subsides, or controls on who can enter the field) in favor of market-based competitions
iron triangle
the relatively iron clad relationships and patterns of interaction that occur among agencies, interest groups, and congressional committees or subcommittees
spoils system
the firing of public-office holders of a defeated political party to replace them with loyalists of the newly elected party
class action suits
a type of lawsuit where one of the parties is a group of people who are represented collectively by a member of that group
original jurisdiction
the jurisdiction of the courts that hear a case first, usually in a trial. These courts determine the facts of a case
senatorial courtesy
a process by which presidents generally allow senators from the state in which a judicial vacancy occurs to block a nomination by simply registering their objection
precedent
a prior judicial decision
judicial review
power of the courts to review acts of other branches of government and the states
judicial restraint
a philosophy of judicial decision making that posits courts should allow the decisions of other branches of government to stand, even when they offend a judge's own principles
majority opinion
the winners- the reasoning of the court
Rule of Four
at least four justices of the Supreme Court must vote to consider a case before it can be heard
writ of habeas corpus
petition requesting that a judge other authorities to prove that a prisoner is being held lawfully and that allows the prisoner to be freed if the governments's case does not persuade the judge. Habeas corpus rights imply that prisoners have a right to know what charges are being made against them
writ of certiorari
a request for the Supreme Court to order up the records from a lower court to review the case
amicus curiae briefs
"Friend of the Court"; amici may file briefs or even appear to argue their interests orally before the court
appellate jurisdiction
the power vested in particular courts to review and/or revise the decision of a lower court
stare decisis
in court rulings, a reliance on past decisions or precedents to formulate decisions in a new case
original intent
strict constructionism- ruling as they believe the Framers intended
Marbury v. Madison
Case in which the Supreme Court first asserted the power of judicial review by finding that the congressional statute extending the Court's original jurisdiction was unconstitutional
judicial activism
a philosophy of judicial decision making that posits judges should use their power broadly to further justice
dissenting opinion
the minority, or losing opinion- still important for future cases
What is the effect of incumbency in congressional elections? What other factors are associated with congressional electoral success?
It helps them stay in office because of access to free media, name recognition, inside track on fund-raising, and a district drawn to favor the incumbent. Redistricting, scandals, and coattails are other factors that affect elections.
How do the House of Representatives and the Senate differ? How does the structure of leadership differ between the two?
The house is represented based on population, each state has 2 senators. The Senate ratifies treaties and confirmations, and the house starts impeachment and revenue. The House was the only office that was originally directly elected. The House is more structured, starting with the Speaker, and then a majority/minority leader followed by a whip. The Senate's leader is the vice president or president pro tempore, followed by the same leaders. The House has a Committee System, but not a Committee on Rules.
Describe the committee system in congress. What are the different roles of committees in the legislative process?
Play key roles in determining the merit of bills introduced, work out the difference with the House and the Senate propose different versions of the same bill. Bills are referred to standing committees for consideration. Joint committees are set up to conduct investigations or special studies regarding the economy, taxation, or scandals. Conference Committees work out differences between the house and the senate. Select committees are created for specific purposes.
How does a bill become a law? What factors influence the legislative process and how does their influence differ?
For a bill to become a law, it must be introduced, referred to a committee, referred to a subcommittee, referred to a full committee, referred to the committee on rules (House only), then debated by the full Senate or House and voted on passage. Then it goes to the conference committee, where if approved, it will be transmitted to the president to sign, veto, or pocket veto the bill. Multiple stopping points provide many opportunities for legislation to die or be revised. Holds (senator wants to be informed before a bill or nomination can be brought up), Filibuster (long speeches or unlimited debates), and cloture (60 senators votes to cut off debate) can affect the legislative process.
Is Congress representative in its membership and its policy-making role? What structures and reforms have affected its representation function?
Yes, it is the people's branch of government. The direct election of house members based on population and the equal representation in the senate reflect the people's concerns. The senate also gets to check on other branches of government.
How do presidents and vice presidents get into office?
They are elected- president must be 35 years old, a natural born citizen, and a resident for 14 years
What are the formal constitutional powers of the presidency and how have these powers expanded over the years?
The Appointment Power, the Power to Convene Congress, The Power to Make Treaties, The Veto Power, The Power to Preside over the Military as Commander in Chief, and the Pardoning Power. Have been expanded by inherent powers
How is the presidency organized? On whom does the president depend for advice about governmental and policy matters?
Organized with the vice president, the cabinet, the first lady, the Executive Office of the President, and the White House staff. The president has to rely on the Senate for advice, and sometimes the Cabinet, although this is degrading
What roles does the president play as leader of national security policy? How do these roles conflict with the role of Congress in the area of national security?
The President can make laws and executive orders regarding national security. They can use approval ratings as a way to get controversial legislation through Congress. This conflicts with the concept of law-making and budgetary Process.
How does the contemporary presidency differ from that envisioned by the Founders? Be able to take a position on whether or not the president has become too powerful, and how this might affect democracy and the scope of government.
Contemporary presidency is much more powerful than what was envisioned because the presidency now has ways around the separation of powers. Through executive orders, signing statements, and inherent powers, the president has a lot of unchecked power. I think the president has become too powerful, because for example, Obama authorized the release of Cuban prisoners with our approval on Congress, and therefore has infringed on the power of the legislative branch. This makes our view of government as more of a dictatorship than a democracy.
How is the United States bureaucracy organized? What policymaking roles do the different federal agencies play?
The agencies are divided into four categories- Cabinet departments, government corporations, independent executive agencies, and independent regulatory commissions. Departments usually regulate issues involving defense, commerce, or agriculture. IEA perform services rather than functions. GC- perform functions that private businesses could provide. IRC- regulate a specific economic activity or interest.
What is policy implementation? What factors facilitate and what factors hinder successful implementation of a public policy?
Implementation is the process by which a law of policy is put into operation. Administrative discretion can hinder implementation, and the Administrative Procedures Act can facilitate it because it allows for everyone to participate. Also affected by elections, leaders, etc.
What is needed for an agency to perform its regulatory role? What are the pros and cons of deregulation?
Cooperation and balance are needed for an agency to perform its regulatory role. Deregulation-?
How does politics permeate bureaucracies? What factors make it difficult to control bureaucracies? What methods are available to the president and Congress to control bureaucracies?
Differing opinions and the voice of the people make it hard to control bureaucracies, along with oversight, litigation, and funding. The senate can confirm or reject the appointment of people to top bureaucratic positions, and can authorize spending or choose not to. The president can reorganize the bureaucracy with the approval of Congress, and can issue executive orders. Judicial Control includes litigation threats and the influence of the court.
What is the role of the bureaucracies in the federal system? Is the federal bureaucracy too big? What are the pros and cons of a large bureaucracy?
The role of the bureaucracy is to implement and administer federal laws and programs. I don't think the federal bureaucracy is too big, because it just works to implement laws and make sure they are enforced, which some still aren't. Pros- widespread representation and implementation Cons- too much power, no room for silly laws
Explain the structure of the American judicial system. What are the differences between the federal district courts, courts of appeal, and the Supreme Court?
3 tiered court system- Federal District Courts (Original jurisdiction), Courts of Appeal (Appellate jurisdiction), and Supreme Court (both, and cannot be overruled unless by itself)
What is the process by which members of the Supreme Court are chosen? How does the appointment process for other federal courts differ?
Nominated by president based on experience, ideology or political preferences, rewards, pursuit of political support, religion, race, ethnicity, and gender. The Confirmation process includes investigation, lobbying by interest groups, the senate committee hearings and the senate vote. Other federal courts are less inclusive.
What are typical characteristics of American judges and justices? How do their background's and personal characteristics affect their judicial behavior?
They are usually old, white, and male but have been becoming more inclusive. Their personal background and characteristics are usually beneficial if they are similar to the presidents, and judges usually vote based on their political party.
How do courts shape public policy in their decisions and in the opinions by judges used to justify decisions? What effect have the courts had on the policy agenda? Use historical examples in your answer.
The opinions and decisions become precedents for future cases. The opinions are important if the case turns up again and the dissenting or concurring opinions are similar to the ruling on the new case. The establishment of judicial review in Marbury v. Madison has allowed for an important role of the Supreme Court.
How do court decisions become public policy? What is involved in judicial implementation? Use examples to illustrate the potential problems of implementing court decisions.
Decisions become public policies once they are implemented in our everyday lives. Judicial implementation is how judicial decisions are translated into public policies. The potential problems implementing policies is that they can be overturned in future cases, such as when the separate but equal doctrine established in Plessy v. Ferguson was overturned in Brown v. Board of Education
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