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PS 101 Exam 3 (Notes)
Terms in this set (52)
Study Guide From Notes
What are the 6 expressed powers of the president?
1. Power of appointment
2. Power to pardon federal offenses
3. Negotiate and sign treaties
4. Veto bills
5. Commander in Chief
6. Power to reconvene congress
President Succession Order
2. Speaker of the House
3. President Pro Tempore of the Senate
4. Cabinet Secretaries
What is the 25th Amendment?
It provides the mechanism for the vice president to assume the presidency in the event of a presidential disability and the selection of a replacement for the vice president should that office become vacant
What are patronage jobs?
Jobs you get for being a loyal supporter
-Appointed by the President from a group of people who supported the president
-President handled raises, firing, hiring
-Typically, each new President fired the old patronage employees and filled the vacancies with his own supporters
Who reformed the Bureaucracy?
President James A. Garfield
What is the Pendleton Act?
A law that stipulated that government jobs should be awarded on the basis of merit
How to run bureaucracies and agencies efficiently
1. Hire and fire based off of qualifications/abilities
2. Bureaucratic functions and powers
Hiring and firing based on qualifications/abilities
-Taking civil service exams
-There must be legitimate reasons for firings. Not "just because"
Bureaucratic Function & Powers
What is administrative discretion?
Law is not necessarily clear so it is up to administration to adjudicate law
What is quasi-legislative?
People who are not apart of political process yet are accused of helping to make laws
What is quasi-judical?
Bureaucracy is handling matters that should be left to elected officials
What are administrative hearings?
-If you don't like a decision made, you can appeal to an administrative hearing
-Governed by administrative law
What are the two theories of how the bureaucracy, Congress, and Interests groups relate to one another?
1. Iron Triangle
2. Pluralist Perspective
Congress funds and supports bureaucracy --> which causes low regulation and special favors for the interest group --> which shows electoral support for congress
-All that matters is the relationships formed between these 3 groups
-People and other outside factors play no role
-Congress, interest groups and bureaucracies all help each other out and thus, gain something in return.
Basic idea is that there are not just one or two forces, but multiple forces or interests influencing a politicians decisions, including their constituents and latent interests
What are latent interests?
Groups that don't have an interest group... but in this day and age interest groups form easily
Congress know that if they don't look out for that group that group could form a new one very quickly
-i.e. students are latent group --> unorganized, don't have much money
Unelected staff in government
-All legislative staff (staff of congress, staff of committees) is unelected
-Bureaucracy is unelected
(Executive law, quasi legislative functions (a lot of times they do things that are close to writing the laws), quasi-judical)
-Elite press is unelected...but play major role
-(Agenda setting -- Tells us how important something is... the amount of coverage -- Set conversation for the whole country -- The way issues are framed in the media tends to dictate how people think about it)
The House and the Senate
Senate a.k.a. Continuing body
House a.k.a Episodic body
-6 Year terms
-Senate rules nearly never rewritten
-Tradition extremely important in Senate
-Senators are more independent than Congressman (less partisan)
-More deliberative (modeled on Ronen Senate → deliberative and small)
-Ability to Filibuster
What is a filibuster?
Rule created by senate in 1806; created so that minority could have unlimited time to explain their position;
Cloture rule added in 1917 (on a vote of the senate, debate could be stopped and a vote could be taken);
1970 --> "Two Tracks" one for filibustered legislation and one for other (instead of standing there and talking the senate could move on and discuss other legislation);
1976 -->. 60% vote to end "debate"
-Rules re-written every two years
-More partisan --> not very likely to defect from their party
How does the House differ from the Senate?
A. House still represents a much smaller group of people
-Congressman is local and thus has a tighter connection with people
B. Claims to bring tangible things back to the district
-"Bring home the bacon"
C. Wasteful spending → Dislike
-Congressman are adamant against this
What is Gerrymandering?
When legislators (partisan committee) draw lines that favor the party in power
Creates "safe seats"
-Seats that a party is guaranteed to win
Who benefits from gerrymandering?
Majority in district are happy
Who does not benefit from this?
-Gerrymandering creates a non-representative legislative
-A complaint today is that congress is too gerrymandered and no longer represents the American people
What is the median voter rule?
Principle of elections that said that in 2 party systems, the candidate the is closest to the median voter of the district is the one that will win the election
-Assumes that you have a distribution of voters in a district
-Explains why 2 party systems tend to converge to moderate parties
What is a political polarization of congress?
Two major parties are at odds with one another and have little to nothing in common --> leads to a dead lock
What is a dead lock?
Due to being at odds, congress does not get anything done
How many steps are there in the process of making a bill a law?
A congressman introduces a bill, this can occur in the House, the Senate, or both
Bill gets assigned to a committee and subcommittee
-The committee chairman determines which subcommittee is responsible for a first look at the bill
-Committee has three options
1.Report to the house floor
2.Send back to the subcommittee
3.Table --> set aside for later consideration
If the bill is reported to the floor it gets put on the calendar. (In the case of the House, the first goes to the Rules committee)
-Rules committee: sets terms for how long a bill can be debated as well as what type of amendments can be made to the bill
Floor debate & vote
Is either reported to a conference committee or sent to the other chamber
If the bill goes to conference committee, the senate and house have both passed bills on the topic.
-In this case, the bill produced by the Conference Committee is sent back to both chambers to be voted on again.
If the bill was only introduced in one of the chambers originally, then it goes to the other chamber.
If both chambers pass identical versions of a bill, then it is sent to the President
What is the Rules Committee?
Powerful house committee that clears most important bills for floor consideration and decides the rule under which bills should be considered
A. Closed rules: prohibits amendments to bill under consideration on the house floor
B. Open rules: amendments to a bill are permitted on the floor
-Best for "killing bill"
C. Modified Rules: a limited number of amendments to a bill during floor consideration
What is the Ways and Means Committee?
The chief tax-writing committee
-Members of the ways and means committee are not allowed to serve on any other house committees
-The committee has jurisdiction over all taxation, tariffs and other tax-raising measures
What is the democratic paradox?
The judiciary is an undemocratic/anti-democratic institution that serves as one of our best defenders of rights within our system.
-Elite - courts are built out of members who have never faced public scrutiny, not elected, serve for life
-Anti-democratic - unlike the public: better educated, from wealthier backgrounds, very unrepresentative of today's population (took a long time to see minorities on Supreme Court)
What is judicial restraint?
The practice of ruling in accordance with the constitution or the wish of the Founding Fathers
-Prevents government from extending additional rights to people; many implications, one being that the court cant make up its own rules, need to follow constitutions
What is judicial activism?
The practice of applying the laws and interpreting what is written in the way the Founding Fathers would have intended
-Kind of trivial because you cant actually know what they would have said, even if you do read their diaries and letters
When and why were the federal district courts created?
1789 --> to alleviate the stress on the Supreme Courts
Take place in federal district courts
Rules of evidence (comes from congress)
1. Change the rules (change the powers of the judge, change how the jury works, etc.)
2. Change the number of judges on the court
3. Change districts of the courts (boarders)
-No district crosses state lines
-Senatorial Courtesy → Sr. Senator of the state gives president a list of people that he deems acceptable to serve as (judge?)
-Also for US Attorney appointments
When and why were the US Circuit Court of Appeals set up?
1831 -->The Supreme Court did not have enough time to deal with all the appeal cases
How many circuit courts are there?
-11 cover the states
-1 hears cases from administrative courts
-1 hears patents and contracts
-Senatorial courtesy is no longer a factor because there are less courts than states
How does the US Circuit Court of Appeals work?
Don't look at Facts of the Case. Instead they look at the process that lower courts engaged in to go through the case. If the process was done well, they will up hold the decision of the lower court. If done poorly, they will either overturn partially or completely, or send it back to the lower court.
-All cases are done by bench trials
The United States Supreme Court (SCOTUS)
-Can't cut their pay, and need to be impeached or resign (serve for life)
-Hear appeals from the Circuit Court
-Chooses which cases to hear (mainly with those with constitutional implications)
-Rule of Four → Supreme Court will only hear an appeal if 4 justices agree to hear it
In regards to the Supreme Court, congress can:
A. Change the number of justices (have done this a number of times)
B. Change the rules of procedures
C. Create "inferior courts" at will
-With appointment process of their (congress) choice
-With jurisdiction of their choice
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