Unit 4 Study Guide

cloture

a parliamentary process to end a debate in the Senate, as a measure against the filibuster; invoked when three-fifths of senators vote for the motion

Ways and Means Committee

a permanent committee of the United States House of Representatives that makes recommendations to the House on all bills that would raise revenue

line item veto

a power created through law in 1996 and overturned by the Supreme Court in 1998 that allowed the president to veto specific aspects of bills passed by Congress while signing into law what remained

An enumerated power is

a power explicitly stated in the Constitution.

War Powers Resolution

a resolution of Congress that the president can send troops into action abroad only by authorization of Congress, or if American troops are already under attack or serious threat

majority opinion

a statement that presents the views of the majority of supreme court justices regarding a case

seniority system

a system that gives the member of the majority party with the longest uninterrupted service on a particular committee the leadership of that committee

And an inherent power, while not enumerated or implied,

must be assumed to exist as a direct result of the country's existence.

quorom

number of people that must be present in order to take a vote; (one over half)

A budget bill that has numerous provisions and reforms packaged with it is known as a/an omnibus bill revenue bill cloture bill markup bill

omnibus bill

An implied power is

one not specifically detailed in the Constitution but inferred as necessary to achieve the objectives of the national government.

pocket veto

president's power to kill a bill, if Congress is not in session, by not signing it for 10 days

term which refers to presidential popularity spikes during international crises (such as the attacks on September 11, 2001)

rally around the flag effect

descriptive representation.

representation rooted in the racial, ethnic, socioeconomic, gender, and sexual identity of the representatives themselves. * In recent decades, Congress has become much more descriptively representative of the United States.

writ of cretiorari

request for Supreme Court to review a case

issued by a president when agreeing to legislation that indicate how the chief executive will interpret and enforce the legislation in question.

signing statement

casework

social work directly concerned with individuals

Reapportionment

the process of reassigning representation based on population, after every census

veto

to reject

Judicial Review

Allows the court to determine the constitutionality of laws

For this question, decide to which part of Congress the following statement is most applicable. Leaders are elected by the two-party conferences US Senate House of Representatives Congress (both houses) NONE OF THESE

Congress (both houses)

For this question, decide to which part of Congress the following statement is most applicable. has majority and minority leaders and whips, Congress (both houses) US Senate House of Representatives NONE OF THESE

Congress (both houses)

legislative oversight

Congress's monitoring of the bureaucracy and its administration of policy, performed mainly through hearings.

Implied powers are listed in the Constitution. True False

False

In the text, political scientist George C. Edwards argues that presidents who go public with an issue are extremely effective at gaining additional support and changing minds about that issue. True False

False -- typically rallies supporters, can cause further polarization

The presidential use of pardons has generally become less visible and newsworthy in recent decades. True False

False -- while Presidents used to use pardons more sparingly, they are now more frequent

The president needs Senate confirmation to both hire and fire appointed officials. True False

False --> the President can fire appointed officials without Senate concurrence

select committee

Finally, ad hoc, special, or select committees are temporary committees set up to address specific topics. These types of committees often conduct special investigations, such as on aging or ethics.

22nd Amendement

Limits a president to two elected terms in office

25th Amendment

(1) Succession of VP if president dies or become incapable to do his job.(2) if there is no VP, president must appoint one, and congress must approve

remand

(v.) to send or order back; in law, to send back to jail or to a lower court

What other factors are associated with congressional electoral success?

* Because its members serve short, two-year terms, they must regularly answer to the demands of their constituency when they run for election or reelection. * In contrast, members of the Senate are furthest from the demands and scrutiny of their constituents. * Also, unlike members of the House who can seek the narrower interests of their district, senators must maintain a broader appeal in order to earn a majority of the votes across their entire state. * The amount of money incumbents raise against their challengers demonstrates their advantage. * In the House, the percentage of incumbents winning reelection has hovered between 85 and 100 percent for the last half century. In the Senate, there is only slightly more variation, given the statewide nature of the race, but it is still a very high majority of incumbents who win reelection (Figure 11.9). As these rates show, even in the worst political environments, incumbents are very difficult to defeat.

Describe the committee system in Congress. What are the different roles of committees in the legislative process?

* Committees and their chairs have a lot of power in the legislative process, including the ability to stop a bill from going to the floor (the full chamber) for a vote. Indeed, most bills die in committee. But when a committee is eager to develop legislation, it takes a number of methodical steps. It will reach out to relevant agencies for comment on resolutions to the problem at hand, such as by holding hearings with experts to collect information. * Four types of committees exist in the House and the Senate. * and only a bill introduced by a member of Congress can hope to become law. Even the president must rely on legislators to introduce his or her legislative agenda.

What factors affect presidential popularity and approval? How is popularity related to power and to policy-making?

* Did the president prevail in a landslide or was it a closely contested election? Did he or she come to office as the result of death, assassination, or resignation? How much support does the president's party enjoy, and is that support reflected in the composition of both houses of Congress, just one, or neither? Will the president face a Congress ready to embrace proposals or poised to oppose them? Whatever a president's ambitions, it will be hard to realize them in the face of a hostile or divided Congress, and the options to exercise independent leadership are greater in times of crisis and war than when looking at domestic concerns alone. * This phenomenon often produces the rally around the flag effect, in which presidential popularity spikes during international crises. A president must always be aware that politics, according to Otto von Bismarck, is the art of the possible, even as it is his or her duty to increase what might be possible by persuading both members of Congress and the general public of what needs to be done.

Why is the press so important to the president? Give examples of the relationship between the press and the presidency.

* Gives the president to authority to broadcast their opinions * tool to help shape public opinion * build support of policies * bully pulpit, a platform from which to push his agenda to the public. His successors followed suit, and they discovered and employed new ways of transmitting their message to the people in an effort to gain public support for policy initiatives. With

How do the House of Representatives and the Senate differ?

* HoR has 2-year terms, Senate has 6-year terms * Like the Speaker of the House, the majority leader is the chief spokesperson for the majority party, but unlike in the House he or she does not run the floor alone. Because of the traditions of unlimited debate and the filibuster, the majority and minority leaders often occupy the floor together in an attempt to keep things moving along.

Explain the factors that affect presidential leadership of Congress. Why are some presidents more effective leaders than others?

* Much depends on the balance of power within Congress: Should the opposition party hold control of both houses, it will be difficult indeed for the president to realize his or her objectives, especially if the opposition is intent on frustrating all initiatives. * Cooperation of Congress * Political state of the country; depends on whether the people desire radical change or not * Once chief executives played patronage politics, rewarding friends while attacking and punishing critics as they built coalitions of support. But the advent of civil service reform in the 1880s systematically deprived presidents of that option and reduced its scope and effectiveness.

How is the presidency organized? On whom does the president depend for advice about governmental and policy matters?

* Once the new president has been inaugurated and can officially nominate people to fill cabinet positions, the Senate confirms or rejects these nominations. * new presidents usually take the opportunity to nominate new ambassadors, whose appointments are subject to Senate confirmation. New presidents make thousands of new appointments in their first two years in office. All the senior cabinet agency positions and nominees for all positions in the Executive Office of the President are made as presidents enter office or when positions become vacant during their presidency. Federal judges serve for life. Therefore, vacancies for the federal courts and the U.S. Supreme Court occur gradually as judges retire. * Other presidential selections are not subject to Senate approval, including the president's personal staff (whose most important member is the White House chief of staff) and various advisers (most notably the national security adviser). The Executive Office of the President, created by Franklin D. Roosevelt (FDR), contains a number of advisory bodies, including the Council of Economic Advisers, the National Security Council, the OMB, and the Office of the Vice President. Presidents also choose political advisers, speechwriters, and a press secretary to manage the politics and the message of the administration.

patronage

* President Andrew Jackson, many thousands of party loyalists filled the ranks of the bureaucratic offices around the country. This was the beginning of the spoils system, in which political appointments were transformed into political patronage doled out by the president on the basis of party loyalty.4 Political patronage is the use of state resources to reward individuals for their political support. * They replaced the system that early presidents like Thomas Jefferson had fostered, in which the country's intellectual and economic elite rose to the highest levels of the federal bureaucracy based on their relative merit.5 Criticism of the spoils system grew, especially in the mid-1870s, after numerous scandals rocked the administration of President Ulysses S. Grant (Figure 15.3).

What is the role of money in congressional campaigns? Assess the influence of interest groups and political action committees (PACs) on members of Congress.

* raising money for reelection constitutes a large proportion of the work a congressperson does. * the lion's share of direct campaign contributions in congressional elections comes from individual donors, who are less influential than the political action committees (PACs) that contribute the remainder. * PAC spending makes up a higher percentage of congressional campaign funds than presidential campaign funds

2. What are the formal constitutional powers of the presidency and how have these powers expanded over the years?

* the Constitution allows for a small presidential loophole called the recess appointment. --> The purpose of the provision was to give the president the power to temporarily fill vacancies during times when the Senate was not in session and could not act. But presidents have typically used this loophole to get around a Senate that's inclined to obstruct. * A president's powers can be divided into two categories: direct actions the chief executive can take by employing the formal institutional powers of the office and informal powers of persuasion and negotiation essential to working with the legislative branch. * power of the pardon; has become more visible in recent decades * Usually, executive orders direct government agencies to pursue a certain course in the absence of congressional action. * commander in chief * Executive agreements are formal agreements negotiated between two countries but not ratified by a legislature as a treaty must be.

How does the structure of leadership differ between the two?

* the most important leadership position in the House is actually elected by the entire body of representatives. This position is called the Speaker of the House and is the only House officer mentioned in the Constitution. * majority leader --> similar to Speaker * VP heads the Senate, votes in instance of tie

How do presidents and vice presidents get into office?

- Vice President is selected as the running mate of the President - President is selected by the electoral college --> each state is given an equal number of electors to representatives in Congress -- electors vote based on winner-take-all system --> President must receive ABSOLUTE MAJORITY (270 electoral votes) otherwise house decides winners

What is the effect of incumbency in congressional elections?

- financing advantage - name recognition - donors are more likely to contribute to a proven winner - Political parties in general prefer to support incumbents in elections, because the general consensus is that incumbents are better candidates, and their record of success lends support to this conclusion. - the state power they have at their disposal (constituent casework, pre-existing relationship with constituents)

bureaucracy

A bureaucracy is an administrative group of nonelected officials charged with carrying out functions connected to a series of policies and programs.

class action suit

A case brought by someone to help him or her and all others who are similarly situated

iron triangle

A close relationship between an agency, a congressional committee, and an interest group

amicus curiae brief

Literally, a "friend of the court" brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case.

conference committee

A conference committee is used to reconcile different bills passed in both the House and the Senate. The conference committees are appointed on an ad hoc basis as necessary when a bill passes the House and Senate in different forms.

Which of the following can draft (create/write) proposed legislation? Only members of Congress can draft legislation. the President Congressional staffers interest groups All of these groups/people can draft legislation. bureaucrats/Cabinet secretaries

All of these groups/people can draft legislation.

How does a bill become a law? What factors influence the legislative process and how does their influence differ?

1) legislation is proposed 2) bill is sent to a committee by majority leader 3) committee holds a hearing (allows the committee to hear and evaluate expert opinions) 4) markup stage --> amending and voting stage 5) House Committee on Rules (rules of debate, limit on number of amendments, etc) 6) advances to chamber 7) simple majority sends bill to the other house 8) Senate reviews, amends 9) one house approves of the others' bill or sends bills to conference committees to pass same one

writ of habeas corpus

A court order requiring jailers to explain to a judge why they are holding a prisoner in custody.

judicial restraint

A judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures

filibuster

A lengthy speech designed to delay or kill the vote on a bill; used only in the Senate

caucus

A meeting of members of a political party

delegate model of representation.

A representative who sees him- or herself as a delegate believes he or she is empowered merely to enact the wishes of constituents.

dissenting opinion

A statement written by a justice who disagrees with the majority opinion, presenting his or her opinion

civil service

A system of hiring and promotion based on the merit principle and the desire to create a nonpartisan government service.

Council of Economic Advisors

A three-member body appointed by the president to advise the president on economic policy.

original intent

A view that the Constitution should be interpreted according to the original intent of the framers. Many conservatives support this view.

If the president issues an executive order, which of the following can change or eliminate that executive order? The Supreme Court declares the executive order unconstitutional. The Constitution is amended to cancel the executive order. A new president revokes the executive order of his predecessor. An executive order can't be changed unless the president making the order changes his/her mind. All of these can change/cancel an executive order. Congress passes a law to change an executive order.

All of these can change/cancel an executive order.

National Security Council

An agency in the Executive Office of the President that advises the president on national security

Logrolling

An agreement by two or more lawmakers to support each other's bills

House Rules Committee

An institution unique to the House of Representatives that reviews all bills (except revenue, budget, and appropriations bills) coming from a House committee before they go to the full House.

judicial activism

An interpretation of the U.S. constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial decisions (particularly decisions of the Supreme Court)

closed rule

An order from the House Rules Committee that sets a time limit on debate; forbids a bill from being amended on the floor

injunction

An order which legally prevents something

pork-barrel politics.

As a term and a practice, pork-barrel politics—federal spending on projects designed to benefit a particular district or set of constituents—has

Rule of Four

At least four justices of the Supreme Court must vote to consider a case before it can be heard

franking privilege

Benefit allowing members of Congress to mail letters and other materials postage-free

Impeachment

Charges against a president approved by a majority of the House of Representatives

writ of mandamus

Court order directing an official to perform an official duty.

Match the First Lady with the most accurate description of her activities. Eleanor Roosevelt Lady Bird Johnson Betty Ford Nancy Reagan Hillary Clinton

Eleanor Roosevelt --> active role in championing civil rights Lady Bird Johnson --> avid advocate of womens' rights Betty Ford --> effort to beautify public spaces and highways Nancy Reagan --> "Just Say No!" to drugs Hillary Clinton --> healthcare reform

This person/group oversees the logistics of the transition from one administration to the next. They are the ones responsible for the transfer of office space and keys to the new occupants of the White House. the outgoing vice-president's staff Inauguration Committee General Services Administration the Department of the Interior a Congressional standing committee

General Services Administration

For this question, decide to which part of Congress the following statement is most applicable. A specific committee establishes the guidelines of debate, such as time limits and limits on the number and type of amendments. US Senate Congress (both houses) NONE OF THESE House of Representatives

House of Representatives

For this question, decide to which part of Congress the following statement is most applicable. Because of gerrymandering, there are a large number of "safe seats" during each election cycle. Congress (both houses) House of Representatives NONE OF THESE US Senate

House of Representatives -- gerrymandering can be a tactic to draw district lines in a way that creates "safe seats" for a particular political party. In states like Maryland, these are safe seats for Democrats. In states like Louisiana, they are safe seats for Republicans

independent regulatory agency

a government agency responsible for some sector of the economy, making and enforcing rules to protect the public interest. It also judges disputes over these rules.

Similarly, in Congress, an earmark is a mark in a bill that directs some of the bill's funds to be spent on specific projects or for specific tax exemptions. Since the 1980s, the earmark has become a common vehicle for sending money to various projects around the country.

In 2011, after Republicans took over the House, they outlawed earmarks.

joint committee

Joint committee members are appointed from both the House and the Senate, and are charged with exploring a few key issues, such as the economy and taxation. However, joint committees have no bill-referral authority whatsoever—they are informational only.

stare decisis

Let the decision stand; decisions are based on precedents from previous cases

For this question, decide to which part of Congress the following statement is most applicable. Members are subject to a term limit. They may not serve for more than 2 consecutive terms. US Senate Congress (both houses) House of Representatives NONE OF THESE

NONE OF THESE

senatorial courtesy

Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.

Impoundment

Presidential refusal to allow an agency to spend funds that Congress authorized and appropriated.

Terms for HOR v. Senate

Representatives serve two-year terms, whereas senators serve six-year terms. Per the Supreme Court decision in U.S. Term Limits v. Thornton (1995), there are currently no term limits for either senators or representatives, despite efforts by many states to impose them in the mid-1990s.

Most presidents consider four Cabinet secretaries to be the most critical appointments they make when they take office. Select the 4 Cabinet Departments the text identified as part of the 'inner cabinet" State Agriculture Nuclear Weapons Defense Veteran's Affairs Treasury Homeland Security Interior Housing and Urban Development Immigration and Naturalization Justice Commerce Education

State, Defense, Treasury, Justice

omnibus bill

Such a packaged bill is called an omnibus bill. Creating and voting for an omnibus bill allows Congress to quickly accomplish policy changes that would have taken many votes and the expending of great political capital over a long period of time. This and successive similar uses of the budget process convinced many in Congress of the utility of this strategy. During the contentious and ideologically divided 1990s, the budget process became the common problem-solving mechanism in the legislature, thus laying the groundwork for the way legislation works today.

Cabinet

a group of advisers to the president that includes the heads of 15 top-level executive departments

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. Congress can override executive orders.

appellate jurisdiction

The authority of a court to review decisions made by lower courts

standing committee

The core committees are called standing committees. There are twenty standing committees in the House and sixteen in the Senate

Other powers, such as the ability of Congress to override a presidential veto with a two-thirds vote of both houses, are found elsewhere in the Constitution (Article II, Section 7, in the case of the veto override).

The fact that Congress has the sole power to introduce legislation effectively limits the power of the president to develop the same laws he or she is empowered to enforce. The Senate's exclusive power to give final approval for many of the president's nominees, including cabinet members and judicial appointments, compels the president to consider the needs and desires of Congress when selecting top government officials. Finally, removing a president from office who has been elected by the entire country should never be done lightly. Giving this responsibility to a large deliberative body of elected officials ensures it will occur only very rarely.

original jurisdiction

The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case.

committee chairs

The most important influencers of the congressional agenda. They play dominant roles in scheduling hearings, hiring staff, appointing subcommittees, and managing committee bills when they are brought before the full house. Are run by members of the majority party.

executive privilege

The power to keep executive communications confidential, especially if they relate to national security.

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.

The president now has loop-holes that increase his power. The founders intended for Congress to declare war, but since the president is Commander in Chief of the military he can still send troops into battle which in the bigger picture is the same thing because Americans are still being sent to fight other nations on behalf of the US. The president can also enforce policies not approved by Congress or Senate because of executive decisions.It is easier to argue that the president now has much more power than the founders intended and is too powerful because of these reasons

presidential coattails

These occur when voters cast their ballots for congressional candidates of the president's party because they support the president. Recent studies show that few races are won this way.

governmental corporations

They exist because the services they provide are partly subject to market forces and tend to generate enough profit to be self-sustaining, but they also fulfill a vital service the government has an interest in maintaining.

Marbury v. Madison

This case establishes the Supreme Court's power of Judicial Review

From the days of the early republic through the end of the nineteenth century, presidents were limited in the ways they could reach the public to convey their perspective and shape policy. True False

True

Most bills are killed in committee, rather than favorably discharged to receive a vote on the House/Senate floor. True False

True

The Senate nearly always confirms presidential nominees for Cabinet positions, but has recently given more resistance to judicial appointments. True False

True

For this question, decide to which part of Congress the following statement is most applicable. Has created Rule 22, which allowed the chamber to hold a cloture vote to end debate. House of Representatives US Senate NONE OF THESE Congress (both houses)

US Senate

For this question, decide to which part of Congress the following statement is most applicable. originally appointed, not elected directly by their constituents House of Representatives NONE OF THESE US Senate Congress (both House and Senate)

US Senate -- Senators were originally appointed by state legislatures, but in 1913, the Seventeenth Amendment was approved, which allowed for senators to be elected by popular vote in each state.

For this question, decide to which part of Congress the following statement is most applicable. The Constitutionally delegated leader is frequently absent from the chamber that he/she presides over. House of Representatives Congress (both houses) US Senate NONE OF THESE

US Senate -- VP heads the Senate

According to Gallup polls, Congress has a stunningly poor approval rating of about 16 percent.

Yet, incumbent reelections have remained largely unaffected. The reason has to do with the remarkable ability of many in the United States to separate their distaste for Congress from their appreciation for their own representative. Support for Congress spikes: * during war (9/11) * economy is up * Congress gets things done

Who is responsible for reconciling House and Senate versions of a bill, creating one that can pass through both houses without being amended further? the standing committees that studied the bill in the House and Senate a joint or select committee the Rules Committee a joint meeting of the Speaker of the House and the President Pro Tempore of the Senate the members of Congress that originally drafted the bills a conference committee

a conference committee

legislative veto

ability of congress to override a presidential decision

executive agreement

an agreement between the president and the leader of another country

Whistleblower

an employee who exposes unethical or illegal conduct within the federal government or one of its contractors

open rule

an order from the House Rules Committee that permits a bill to be amended on the floor

trustee model of representation,

believes he or she is entrusted by the constituents with the power to use good judgment to make decisions on the constituents' behalf.

the concept of the presidency as a platform from which to push a president's agenda to the public; popularized by Theodore Roosevelt

bully pulpit

The fact that the American public's approval of Congress is very low, yet incumbents regularly win re-election by their constituents illustrates the concept of

collective representation

red tape

complex bureaucratic rules and procedures that must be followed to get something done

Incumbents

currently holding office.

Which model of representation is described below? ...believes he or she is empowered merely to enact the wishes of constituents...employ some means to identify the views of their constituents and then vote accordingly. They are not permitted the liberty of employing their own reason and judgment while acting as representatives in Congress

delegate model of representation

collective representation

describes the relationship between Congress and the United States as a whole. That is, it considers whether the institution itself represents the American people, not just whether a particular member of Congress represents his or her district.

Type of representation that looks at the racial, ethnic, socioeconomic, gender, and sexual identity of the representatives themselves.

descriptive representation

Vocab. phrase in text, defined as: when one party controls the presidency and the other controls one or both chambers of Congress

divided government

News Flash: Congress passes an infrastructure bill that has the goal of modernizing airports, with money specifically set aside for BWI Thurgood Marshall Airport! What specific type of pork-barrel politics is being used here. Republicans outlawed this specific practice after winning a majority in the 2010 election.

earmark

This directs government agencies to pursue a certain policy in the absence of congressional action

executive order

merit system

hiring people into government jobs on the basis of their qualifications

This is the time when the president is most powerful and is given the benefit of the doubt by the public and the media, especially if he or she enters the White House with a politically aligned Congress. 2 word phrase

honeymoon period

The power to control the borders of the state (not naturalization) is an example of this type of power (as described in the text).

inherent power

Office of Management and Budget

is the president's own budget department. In addition to preparing the executive budget proposal and overseeing budgetary implementation during the federal fiscal year, the OMB oversees the actions of the executive bureaucracy.

Marbury v. Madison

its decision in Marbury v. Madison (1803), the Supreme Court asserted its authority over judicial review and assumed the power to declare laws unconstitutional.

sunset laws

laws that automatically expire after a given time

an unconstitutional type of veto that keeps the majority of a spending bill unaltered but nullifies specific categories of spending within it.

line-item veto

politico model of representation

members of Congress act as either trustee or delegate based on rational political calculations about who is best served, the constituency or the nation.

appropriation

money that Congress has allocated to be spent

Electoral College gives....

more power to swing states that may vote one way or another