gov unit 3 test

Who was the first Hispanic Supreme court Justice?

Sonia Sotomayor

What is a junket?

It is an on the spot trip taken by a committee.

What is the definition of the term "chief executive"?

"to make sure that the laws are faithfully executed"

What is the explanation for substantive representation?

It means representing the needs of constituents even if they are not the same characteristics.

What do PACs want from members of Congress in exchange of campaign contributions?

Access to Congressional representatives.

Which group creates Cabinet-level executive departments?

Congress

What is the football?

A briefcase, the contents of which are to be used by the President of the United States to authorize a nuclear attack while away from fixed command centers.

What is stated in the 22nd and 25th amendments that is important for the president's term of office and his/her succession if unable to fulfill their duties?

22nd - sets up a minimum of 2 terms or 10 years for presidency; 25th - instructions if a president is unable to fulfill his duty. Vice-President and majority of cabinet inform Congress of disability then Congress appoints V.P. Upon return, Congress approves the ability for the president to return.

What is the relationship between a filibuster and a cloture?

A filibuster is a device used to kill a bill by unlimited debate. It can be stopped by a cloture either before the filibuster begins or during the filibuster.

What is a bully pulpit?

A position of authority of a sufficiently high rank that provides the holder with an opportunity to speak out and be listened to on any matter. The bully pulpit can bring issues to the forefront that were not initially in debate, due to the office's stature and publicity.

What is the background for Marbury v Madison and what was the outcome of the case?

Adams lost the election of 1800 - to keep federalists in power, he made several judiciary appointments to the Court, the Federalist run Congress en masse approved of them. Marshall, then Sec. of State begin to deliver the commissions. When Jefferson took over, he asked his sec. of state not to deliver the commissions, one of them being Marbury's. The outcome was to allow the S.Ct. to practice judicial review, deny the portion of the Judiciary Act of 1789 that allowed Marbury to file a writ of mandamus at the Sup. Ct. level, Marbury had a right to his commission but the Court could force Jefferson to grant Marbury his commission.

What are the major activities that a Congressperson needs to engage in to get re-elected?

Advertising to his constituents (NOT Campaign Ads) such as townhall meetings, e-mails, blogs, twitter, etc., Credit-Claiming in which he/she places their name to legislation such as pork barrels or casework; position-taking in which they vote for issues that are relevant to the majority of their constituents; weak opponent.

How can the President control Bureaucracies?

Appointment power of the heads of agencies, Executive orders, Altering an agency's budget, Reorganizing an agency

What are the duties of the President as Chief Diplomat?

Appoints ambassadors, recognizes new governments, forms executive agreements, makes treaties with the consent of the Senate.

What are the three items that can be used to keep Congress from consistently voting to raise their own salaries?

Ballot box, veto power of president, and the 27th Amendment

Why is logrolling important to both Houses of Congress?

Because it is the practice of exchanging favors, especially in politics by reciprocal voting for each other's proposed legislation.

Why would the framers allow the current legislative process to be "cautious and deliberate?

Because of their belief that this branch was the central power, the framers felt that the process should take time and that the reps should also consider the needs of the country as a whole and not certain factions.

How does the federal government reduce bureaucracies through devolution and privatization?

Because the federal government does not have to implement laws as they now become the problem of the local or state governments. Privatization would lead to less regulatory laws, less agencies, and trust in the public to carry out goods and services

What is the difference between Original intent (strict constructionism) and broad constructionism?

Both mean the same thing - that the meaning of the Constitution is based only on the intent of the Framers. The opposite of this is liberal constructionism.

Why was the Voting Rights Act of 1965 considered the best example of a successful implementation of a law?

Clear goals, clear methods, lack of fragmentation.

Who creates new federal courts?

Congress

What is the difference between a constitutional court and a legislative court?

Constitutional courts are those created by Congress such as the Supreme Court, District Court, and Courts of Appeal, Legislative Courts are created for specialized purposes such as the U.S. Court of Federal Claims, Territorial courts, D.C. courts.

What are the three standard operating procedures (SOPS) needed for policy implementation?

Creating or reorganizing a new agency, translating policy goals, coordinating resources and personnel

List the prevalent myths about bureaucracies and what the realities are as stated in Chapter 15

Dislike of bureaucrats - generally, Americans dislike bureaucracies but like bureaucrats, Explosion of bureaucracy - this is occurring at state not federal level, Most work in D.C. - most work in state, Ineffective, inefficient, red-tape - yes but what can or will substitute them.

Since the Constitution only sets general guidelines on "impeachable" offenses what are the four points of impeachable offenses that most agree on?

Does not have to be a crime; should be grave; Policy disagreement is not grounds for impeachment; impeachment is an inherently political process - based on whatever Congress decides they are.

What does the term "two presidencies" refer to?

Domestic and foreign policy

Who was the most powerful first lady in the history of the Presidency?

Edith Galt Wilson - virtually ran the government when her husband Woodrow Wilson suffered a paralyzing stroke in 1919.

What is the purpose of the White House staff?

Established in 1939 to provide assistance to the President in the performance of his many detailed activities incident to his immediate office.

What was the decision of the Court in the case Baker v Carr on the issue of gerrymandering?

Every district should display the "one man, one vote" principle.

What was the "court-packing" proposal?

FDR's proposal to change the number of justices of the Supreme Court from 9-15. Saved by the "switch in time that saved nine." Number of justices in Supreme Court has been set at 9 since 1869.

What are the six main obstacles that may prevent successful implementation of public policy?

Faulty program design, Lack of clarity in the law, Lack of resources, Administrative routine or SOPs that are uniformly catered to all situations but will not allow different decisions for special circumstances, Unbending administrators' dispositions or discretions relating to certain incidents, Fragmentation among the various agencies or levels of government

Which policy area is Congress more likely to defer to the President?

Foreign policy

On what issue will a president be more likely to get congressional approval - domestic or foreign policy?

Foreign policy - Senate approves treaties and appointments

What are the "jobs" of most first ladies today?

From counseling their husbands, to lobbying for their policies, to taking up causes or focusing on one issue.

What are some legitimate criticisms of the federal civil service?

Hard to fire civil servants especially if they are politically motivated, Hard to fire incompetents because they had the right to appeals and these take time and is costly. Easier to move these people to other jobs, Firing civil servants is hard especially if you belong to a "protected" group

What tools can the President use to influence the legislative process?

He can appeal to the public through the use of the media.

What happens when the President is considered the "leader of his party"

He is considered the center of his party so that his party tends to be more unified at the national level.

How does Congress control the bureaucracy?

Hearings (legislative oversight), Advise and consent of the appointment of agency heads, rewriting laws, control of the agency's budget.

What are the constitutional qualifications and terms of a Representative and a Senator?

House of Reps. - 25 yrs old, citizen for 7 yrs, resident of district; Senate - 30 years old, citizen for 9 years, resident of state.

What is the correct process for the act of removal of a president (impeachment/conviction)?

House of Reps. Impeaches (indicts, bring charges) by a majority vote, Senate tries and can convict with a 2/3 vote. Chief Justice of the Supreme Court sits as the judge at the trial. Two presidents have been impeached - Clinton and A. Johnson but none have been removed.

What are the most important factors that influence the President's selection of judges and justices?

Ideology and partisanship

What are the circumstances in which the Supreme Court may hear an appeals case from the States' courts?

If the appeals concern the interpretation of the U.S. Constitution.

Define the powers of the President as Commander-in-chief?

In charge of the military but must get permission from Congress if extra funding is required. CANNOT declare war. As commander in chief he can send troops abroad, mobilize troops, mobilize civilians, turn consumer industry into war industry.

Which group is less likely to be re-elected - incumbent Senators or representatives? Why?

Incumbent senators because their districts are more diverse in interests than a representative.

What is the best way for interest groups to get involved with the federal judiciary system?

Interest groups file either class action lawsuits or amicus curiae briefs at the federal judiciary level. No electioneering or lobbying

Why did Congress pass the War Powers Resolution in 1973? (Make sure you know the three parts of this act)?

It was passed in protest over Nixon's order to continue bombing in Vietnam and Cambodia. Three parts include: Must notify Congress within 48 hours of sending troops overseas, has 30-60 days to resolve issues, and must get congressional approval for extra time or Congress may request troops to return at any time.

Why would some people argue for deregulation of the economy?

Lower prices, help America be competitive with foreign nations, failed policies and implementation

What happens to most bills while in committee?

Most bills are pigeonholed or killed in committees.

What are the constitutional qualifications for the office of the presidency?

Natural born citizen, 35 years or older, live in U.S. for 14 years.

Which executive agency prepares the President's budget?

Office of Management and Budget

Who can formally submit and introduce a bill for Congressional consideration?

Only members of the House or the Senate.

What are the two jurisdictions of the U. S. Supreme Court?

Original - two cases: Conflicts between states, ambassadors versus U.S. and Cases may be filed to the Supreme Court from the states if the issue involves a violation of any of the Bill of Rights or the 14th Amendment. Appellate - most of the time - per Marbury v Madison decision

What is the most important characteristic used today for a member of Congress to be appointed to a committee?

Partisan - since the members are selected by party caucuses and therefore majority party has a greater number of members on a committee than the minority party.

When the Constitution was written, the powers of the executive were limited and very broad. Overtime, the powers have grown. List at least 4 reasons why this has occurred.

Personalities of the Presidents; Complexity of the nation's social and economic life and the need for immediate decisions; Congressional implied/informal rules such as executive agreements, executive orders that have given the president more power; Media - focuses on the personality and creates an illusion that he/she is most powerful.

What are the two constitutional jobs of the Vice-President?

Preside over the Senate and vote in case of a tie - later in the 25th amendment it is stated that the V.P. will take over for the President in case of death.

What does the phrase "wheel and spoke system" refer to?

President Kennedy's method to work with bureaucracy- president has hands on approach and his/her cabinet has wide access to him/her.

What linkage institution or tools can the President use to influence the legislative process, mobilize the public, or persuade any member of Congress who is not willing to vote for a certain bill?

President can directly appeal to the public or persuade any member of Congress through the use of the media.

What was the Supreme Court's decision in Clinton v Jones?

President does not have immunity in civil law suits (executive privilege) if the information has nothing to do with his office.

What tool can a president use to persuade any member of Congress who is not willing to vote for a certain bill supported by the president?

Presidents can directly appeal to the public through the use of the media.

What are the definitions of reapportionment, redistricting, and gerrymandering?

Reapportionment is the allocation of 435 House of Representative seats among the 50 states based on population; redistricting is the redrawing of district lines by state legislatures, and gerrymandering is when redistricting is done in a manner that favors one party.

Who was the first female Supreme Court justice?

Sandra Day O'Connor

What were the traditional or old characteristics used to determine who would serve as a committee chairperson?

Seniority was mostly used until 1975

What are the factors that are necessary for regulation?

Set of rules and guidelines by the agency, power and directions from congress, enforcement compliance

What was the purpose of the Presidential Succession Act of 1947? Watch the following video clip for the answer: http://www.c-span.org/video/?102226-1/presidential-succession

Set up the line of succession for the presidency in case of emergency - vice-president, speaker of the house, senate pro-tempore, cabinet in order of establishment starting with secretary of state.

Who is responsible for any communication between congressional representatives and their constituents?

The Congressperson's personal staff.

What type of vote is needed to convict and remove an impeached President (and in which house)?

The House indicts (impeaches) a President with a majority vote and the Senate convicts and removes a President with a 2/3 vote.

What are the key differences in rules between the House and the Senate?

The House is more centralized, hierarchical, with a stronger leadership, and has more policy specialization. All revenue bills begin in the House. Its two most powerful committees include: Ways and Means and Appropriations. The Senate has a weaker leadership, it is less centralized. It has unlimited debate with the filibuster and must approve treaties and appointments. Its most powerful committees are the judiciary and foreign relations. Impeachment by the House and trial by the Senate.

Who confirms presidential appointments?

The Senate confirms presidential appointments by the process of "advise and consent"

What device does the president use to layout his agenda to Congress - uses it once a year?

The State of the Union

Why are the differences between the Ways and Means Committee and the Appropriations Committee?

The Ways and Means committee looks at methods that can raise money (taxes) for the government. The Appropriations Committee decides where the money will be distributed. Both committees are very important since the Constitution stipulates that all revenue bills must start in the House.

What event lead to the Pendleton Civil Service Act and what did this act do?

The assassination of President Garfield and it created the federal civil service

Why are committees important in Congress?

The committees divide the workload, making it easier for Congress to evaluate bills.

Why is Title IX not considered a good example of implementation gone smoothly?

The law itself was not clear and interpretation and implementation became difficult

What was the primary purpose for the Framers to create Article 1 - the Legislative Branch?

The legislative branch was to be the center of policymaking body-not the executive or the judiciary.

Who is the most powerful person in the Senate?

The majority leader

If a president has a large majority of his own party in Congress today, why is it still hard to exercise legislative leadership?

The nature of today's political parties is weak, therefore the president has a hard time controlling Congress - EXAMPLE: Today's republican party seems to be split on ideological levels - the same can be true with Democrats.

What is an electoral mandate?

The perception that the voters strongly support the president's character and policies. It can be a powerful symbol in politics.

Why does the President have problems controlling cabinet-level agencies?

The president lacks the expertise and information that the staff has, President cannot fire appointees once approved by Senate, Civil servants are more likely to be loyal to the agency rather than the president or appointees, He/she must compete with Congress in influence with the bureaucracy - especially since Congress is in control of the money.

What is the relationship between the president of the United States and the press today?

The press tends to watch the President's personal and official activities and provide with step-by-step accounts of his actions. It can also tend to focus on the negative aspects of the presidency. They try to expose conflicts of interest and other shady behavior. In order to get the news as quickly as possible to the public, sometimes the press showcases reports that are unsubstantiated. However, the press, for the most part tries to treat the president with dignity and deference. The president can and will censor the press' questions and ability to approach the president with questions.

What advantage do federal bureaucrats have over the President in the policymaking process?

Their years of service comes before and after the President leaves office - a continuous service

How do federal judges get their jobs, what is their term of office, and how can they be removed?

They are appointed by the President and approved by Senate for life (some special court judges have numbered terms.), They may be removed through the impeachment/conviction process.

How does the Supreme Court execute judicial implementation?

This is done through the process of a remand (when an appellate court sends a case back to the trial court or lower appellate court for further action) by Interpreting population such as lawyers and judges The implementing population such as legislatures, executives, judicial courts (both federal and state), bureaucratic agencies, county and city government officials Consumer population - those who benefit from the implementation.

Why would Congress use the "oversight" function on the executive branch?

This is how Congress monitors the activities of the Executive Branch, especially the Bureaucracy.

Why would the legislative veto be considered a violation of the doctrine of separation of powers?

This is used by Congress to override a presidential decision. Primarily it would interfere with the president's power of commander in chief in times of crisis. This has been considered a political rather than a legal issue by some of the courts.

What are the duties of the Speaker of the House?

This person may assign bills to committees, recommend committee assignments, preside over the proceedings, appoint the party's legislative leaders. He/she is also third in line of succession to the Presidency.

Why can the President not veto joint resolutions that propose constitutional amendments?

Those types of joint resolutions are approved or denied by the ¾ of the state legislatures or ¾ of state conventions.

What 3 "issues" can lead to an incumbent's defeat in an election?

Tidal waves such as major events as the Great Depression, redistricting in which the incumbent loses his district or majority voters, and scandals.

What is the function of the Senate Judiciary committee?

To conduct hearings on judicial appointments made by the President.

Why would supporters want a line-item veto for the President?

To keep earmarks from creating Christmas Tree bills.

What are the four methods that a Congressperson may consider before they vote on an issue?

Trustees - votes for the benefit of the voters. Instructed delegates - votes as so instructed by the voters. Partisan - votes by party. Politico - votes taking all of the above into consideration.

What occurs when voters vote using "presidential coattails"?

Voters will vote for members of a president's party, especially if the president is popular. Although recently, this has not occurred.

Which historical court is considered one of the most active courts?

Warren Court - The Warren Court expanded civil rights, civil liberties, judicial power, and the federal power in dramatic ways

What is the definition of the Weberian model of bureaucracies?

Well organized with hierarchical parts.

What is a recess appointment?

authorized by Article II, Section 2 of the U.S. Constitution, which states: The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

What is the job of a U.S. Attorney?

the chief prosecutor for the United States in criminal law cases, and represents the United States in civil law cases as either the defendant or plaintiff, as appropriate

Which linkage institution is used by the President to successfully try to influence legislation?

the media

What is the job of the solicitor general?

the person appointed to represent the federal government of the United States before the Supreme Court of the United States

How does a Senator invoke the right of "senatorial courtesy" and how does this right affect the President's selection process?

the practice in the U.S. Senate of confirming only those presidential appointees approved by both senators from the state of the appointee, or by the senior senator of the president's party. It can affect the President's selection process since he must be aware of which candidates to submit to the Senate for confirmation.

Who was the first African-American Supreme Court justice?

thurgood marshall

What is the job of the "designated survivor"?

usually a member of the United States Cabinet, who is arranged to be at a physically distant, secure, and undisclosed location when the President and the country's other top leaders (e.g., Vice President and Cabinet members) are gathered at a single location, such as during State of the Union addresses and presidential inaugurations.