POL FINAL EXAM!!!!!!!!!!!!!!
Madison believed that men are not angels but rather driven by self-motivation and desire for power. Therefore, in order to create a government that does not devolve into tyranny Madison sets up a government with checks and balances and says the famous phrase " _________ must be made to counteract ______________"
Ambition...ambition
A legislative grant of money to finance a government agency is called? When Congress gives money to an executive agency.
Appropriation
In your own words, briefly describe why both Hobbes and Locke felt government was necessary?
Both Hobbes and Locke felt that government was necessary to protect citizens natural rights, keep a social contract, and to avoid a state of war.
What is the bureaucracy and why does it exist? You need to give a clear explanation of how bureaucratic agencies are created and why. Explain how Locke's theory that delegated power should never be delegated is being violated by the bureaucracy.
Bureaucracy is the modern way that agency's are created and run in which when laws are passed agencies are created with presidents and managers to execute and look after these laws and they exist because the American people want representative democracy in which these agencies translate public law into action. An example of this may be the U.S department of education in which laws regarding education are examined, interpreted, and placed into action by the managers of the agency. Bureaucracy's violate Locks theory that the legislature cannot delegate any lawmaking power because that is literally what the agency is design to, as the agencies look after and even use non-statutory controls in areas outside of legislation to clear up vagueness in legislation. So bureaucracy's literally do the opposite of what Locke said and passes it to other people.
The heads of the 15 executive branch departments of the federal government are called?
Cabinet
Outside of parties, what is the most important organizational feature in Congress today?
Committees
Terms set by the national government that states must meet if they are to receive certain federal funds (e.g. schools may lose federal funding if students or teachers are not are a certain ratio of race one to another)
Conditions of aid
States are sovereign and national government is allowed to do only that which the states permit.
Confederation/con-federal government
Joint committees appointed to resolve differences in the Senate and House versions of the same bill.
Conference Committees
Which branch of the US government is tasked with handling all laws dealing with "naturalization" (remember, naturalization means immigration).
Congress
Select the three that are true of the American founder's original intent for Congress.
Congress was considered the "first branch" of the government., Congress holds the most national governmental power., Congress acts as the linchpin in the system of checks and balances.
Directly representing the views of your constituents on each and every issue coming up for a vote.
Delegate Style
Traditionally, these were the four requirements for any appointment of the president to bureaucracy. Which one does not fit?
Demographics
The extent to which appointed bureaucrats can choose courses of action and make policies not spelled out in advance by law.
Discretionary authority
A signed opinion in which one or more justices disagrees with the majority view.
Dissenting opinion
According to the Constitution, the job of the executive is do to what?
Enforce the laws
The president is given the executive authority to take care that the laws are faithfully...?
Executed
What are the main agencies of the federal government whose leaders are the 15 members of the President's cabinet called?
Executive departments
A presidential directive that calls for action within the executive branch is called?
Executive order
The idea that other branches of government cannot be privy to confidential information.
Executive privilege
A line-item veto is Constitutional.
False
Congressional incumbents do not usually win their re-election seats. Typically, they win 30-40% of the time.
False
The Constitution states that citizens are to be free from unreasonable search and seizure,and it is unreasonable when a law enforcement officer has a search warrant and has lawfully arrested you.
False
The President has the Constitutional authority to declare war.
False
The US Framers initially wrote into the Constitution that Presidents had a term limit and could not be re-elected once they'd served 2 terms in office.
False
The doctrine that a state can declare null and void a federal law that, in the state's opinion, violates the Constitution is called an annulment.
False
The framers did not originally intend for Congress to be divided over their various worries about how voters feel.
False
The majority leader in the Senate has more power than the Speaker of the House.
False
The principle of nullification comes from the Constitution.
False
Sovereignty is shared, some matters the national government is supreme and others the states are supreme
Federal Government
What established the right of everyone to vote regardless of race, color or previous condition of servitude?
Fifteenth Amendment
Which two of these four answers best explain why incumbents are re-elected so frequently?
Free exposure, War chest
The inability of the government to act because rival parties control different parts of the government is called?
Gridlock
What is it called when the president refuses to spend money appropriated by Congress?
Impoundment of funds
Defined as "the holder of an office or a post"; or specifically, what we call a government official who is currently holding a position in a political office.
Incumbent
What is true of executive agencies? Select the three that apply.
It is an agency's duty to carry out the will announced by the legislative body, Agency officials may have greater expertise because of specialization but this also results in narrowness of view., Agencies are not created to formulate or express a will
Committees on which both senators and representatives serve
Joint Committees
What are four features defining the modern presidency? Pick the one that does not fit.
Less legislative power
What seminal Supreme Court case said that the federal bank could not be lawfully taxed by the states, fundamentally shifting the power structure between the states and the federal government? The justification used was this: since the US wasn't established by the states but by the people, the federal government was supreme in the exercise of those powers conferred upon it. In order then for these powers to be Supreme they had to be immune from state challenge--"the power to tax involves the power to destroy"
McCulloch v Maryland (1819)
What is routine, consistent oversight by Congress over the executive branch agencies?
Policy patrol oversight
Balancing the views of constituents, interest groups, and party leaders along with own ideological leanings
Politico
According to Locke, the purpose of government is to?
Protect private property
The minimum number of members who must be present for business to be conducted in Congress.
Quorum
Which one of the four listed powers is not explicitly given to Congress by the Constitution?
Regulate education
Powers not mentioned in the Constitution as federal powers were left to the states. What are these powers called?
Reserved powers
Congressional committees appointed for a limited time and purpose
Select Committees
Briefly explain selective incorporation and how it has changed the relationship between the federal government and state governments.
Selective incorporation is the process in which all the bill of rights apply to the states as before the 14th amendments states where not required to follow the bill of rights as the bill of rights only applied to the federal government. Now all rights except the 3rd, 7th, and the 8th apply to states as these amendments are only partially incorporated. This has made it rather difficult as the national government does not outright say that the entire bill of rights apply to states it is heavily implied and the federal government often gets involved in state cases in which states practice selective incorporation. This leaves states subject to more federal control.
Which body of the US government has the power to convict the president and remove him from office?
Senate
The rule that a citizen cannot sue the government without the government's consent. An issue the Supreme Court will allow the executive and legislative branches to decide. The party that initiates a lawsuit. A method whereby a poor person can have his or her case heard in federal court without charge. A rule that allows a plaintiff to recover costs from the defendant if the plaintiff wins. An order by a higher court directing a lower court to send up a case for review.
Sovereign Immunity Political question Plaintiff In Forma pauperis free shifting writ of certiorari
Permanently established legislative committees that consider and are responsible for legislation within a certain subject area.
Standing Committee
Which committee is a permanently established legislative committees that consider and are responsible for legislation within a certain subject area?
Standing committee
What do both Locke and Hobbes call the "state of nature"; a world without government?
State of war
The president's use of prestige and visibility to guide or mobilize the American public is called?
The Bully Pulpit
What are the three events that made the bureaucracy what it is today? Select the one that does not fit.
The Civil War
Who, in the House, refers legislation to the appropriate committee?
The Speaker
Select the three that are true of the American founder's original intent for Congress.
The correct answers are: Congress was considered the "first branch" of the government., Congress holds the most national governmental power., Congress acts as the linchpin in the system of checks and balances.
Many media personalities as well as the American citizenry complain that Congress is "ineffective" and "slow". Based on what we've learned about Congress (and the way it was intended to work), explain why this critique of Congress is unfair.
The critique that Congress is "slow" "ineffective" is unfair because congress spends a lot of time debating issues to best fit the voters interests. This means that congress is going to spend a lot of time debating over various issues based on what different members of congress feel. More controversial topics will take longer to take action on because members of congress with different political views are taking the time to approach the issue from multiple stances to best suit the voters needs and represent the needs of the voters who have chosen them. So the slowness of congress in not a valid critique because the American public is failing to acknowledge the time and consideration put into each decision made by congress. The time is put in so these decisions can best fit and represent the interests the American public.
The Constitution specifically writes that the US president must be elected through the unique arrangement of the electoral college. In your own words, explain the electoral college and why the founders felt the need to avoid popular election and instead use the electoral college system of voting?
The electoral college is a system in which Americans do not actually vote for candidates directly, but rather they are choosing representatives who will represent that candidate for the electoral college. The larger the state the more candidates the state will have, however no matter the size of the state the state would have a minimum of three voters. This system was put into place because founders felt as if the citizens may not be well informed enough to make proper political decisions and that large states may dominate over small states in elections. The electors meet in the state capitals to decide who will be president and vice president however the house chooses if the majority does not win
Compare how the US presidency used to be seen by the American public to how the American public see the US presidency now. What expectations are set on the president now that did not used to exist? Provide at least three examples of changes in expectations.
The evolution of presidents in the U.S has been rather interesting as presidents early on were not expected to do much. George Washington only went to the senate once to ask for advise. However this changed with the Jacksonian's as president Jackson had vetoed more acts than any of the previous presidents, was not afraid to cause conflict with congress, and believed that a strong presidency was key. So due to Jackson's initiative the president is expected to have a more active role. Today the president is looked at as a leader and an initiator for congress as before the president was either subservient to or opposed congresses decisions. The president also has more political power as now public opinion and pesrsuation greatly affects his power and even grants him powers not expressed in the constitution. The executive branch today is also handed much more legislative power as the branch is allowed to veto laws and shares treaty power with the president. By Lockes own theory that delegated legislative power should not be delegated, this is a major change from the founders ideas to the modern presidency.
List and describe for me five rights from the Bill of Rights.
The first amendment gives American citizens the right to the freedom of speech, the freedom to practice religion, and the freedom of press. The first amendment essentially means the U.S citizens have the right to practice and preach their own thoughts and ideas without interference from the government, this does not apply if symbolic speech, such as protests, become violent. The second amendment is the right to bear arms meaning that U.S citizens which protects American citizens to own and use a weapon more relevantly a gun. The third amendment is only partially applied due to selective incorporation but it stops the American government from quartering solders in American citizens households, meaning the government cannot force soldiers into Americans households during war. The seventh Amendment is also subject to selective incorporation by the states as it protects an accused rights to a jury during trial meaning an accused person must have a jury present for a decision. The eight Amendment is subject to selective incorporation and it protects from cruel and unusual punishment and excessive bail essentially preventing criminals from being to harshly punished in ways that are harmful or deadly.
Locke lists four justifications for a citizenry to engage in civil rebellion. Which one of these four abuses of legislative powers is not one that Locke listed?
The legislative writes numerous laws
Which legislative power must first originate in the House rather than the Senate?
The power of the purse
Which three of the following are the primary justifications and positive results of federalism?
The protection of liberty, It provides an extra level of protection in addition to the separation of powers,States can construct policies that better fit with their local needs
James Madison and many other American founders felt that creating a system of separated powers was essential in building the budding republic. Madison said that "ambition must be made to counteract ambition". Talk about the intended purpose of the separation of powers. Why did Madison want separate powers? What did he mean by "ambition must counteract ambition"? What was he trying to prevent and what was the fundamental understanding of human nature that influenced his preference for separation of powers? In what ways can we see this theory still working in government today? This is your essay question and should at least be 2 paragraphs long.
The purpose of separation of powers is to create a system in witch one branch of government doesn't take total control over the other branches of government. There are systems put within the three brunches that can and will give certain powers to one branch and limit the powers of another branch of government. This is the meaning behind the phrase "ambition must counteract ambition" meaning that the ambitions of the legislative, executive, and judicial branch will counteract the attempts to overpower another branch. This balance is necessary so that government may fairly govern the people and the people may have power within the government. If one branch takes over the government would not be able to stop the ambitions of that branch and it would not serve the people appropriately. Ultimately James Madison was trying to prevent one branch from gaining total control. His preference for separation of powers is that man is not perfect and needed some control, however total control limits the freedom of man. An example of checks and balances working today is in the veto system. The veto system is checks and balances between the legislative branch and the executive branch in witch the president, within ten days, has the power to not sign a bill that congress passes. But congress can still pass the law if it is sent back to congress and two-thirds of congress agrees to pass the bill. This shows that the executive branch can exercise its values over government, but the legislative branch still has equal power to change that decision.
Legislate means what?
To make/write law
An examination of the political ideology of a nominated judge is called a litmus test.
True
Any right not delegated to the government by the Constitution is left to the state.
True
Federal and con-federal essentially meant the same thing to the founders.
True
In general, the legislature sets broad policy mandates by passing statutes, and agencies create more detailed regulations through rulemaking.
True
On paper, civil liberties protect against the abuse of government, and civil rights protect certain groups; in practice, however, the two have no clearly distinguishable line.
True
The Constitution originally stipulated that Senators be chosen by the state legislatures.
True
The Voting Rights Act of 1970 gave 18 year olds the right to vote in federal elections and eventually the 26th Amendment says that 18 year olds can vote in all elections, state and federal.
True
The most important organizational feature of Congress outside of political parties is committees.
True
The power shall be vested in one Supreme Court and inferior courts that the Supreme Court shall establish.
True
The president shares lawmaking powers with Congress because of his power to veto.
True
Thomas Jefferson used John Locke's theory to write the Declaration of Independence.
True
Today, the entire Bill of Rights, except for Amendments Three, Five, Seven, and Eight, apply to the states
True
Usually the ratio of Democrats to Republicans on a committee roughly corresponds to their ratio in the House or Senate.
True
When we think of big government it is largely big federal money implemented by a big state and local government workforce.
True
Using your own judgement on behalf of those your serve
Trustee
Sovereignty is wholly in the hands of the national government, so that the states and localities are dependent on its will.
Unitary Government
Legislation can be drafted by who? (Circle all that apply)
You and me, Congressional representatives, Interest groups, Congressional staff
All house members are up for re-election every ____________ years?
2
What is the formal expression of congressional opinion that must be approved by both houses of Congress and by the president? Constitutional amendments fall under this form of policy.
A joint resolution
The Constitution originally placed what limit to the number of terms for which a president could be re-elected?
No limit
What is the principle that says that US states have the authority to declare null and void a federal law, that, in the state's opinion, violates the Constitution?
Nullification
Which of these is Congress Constitutionally not allowed to do?
Pass bills of attainder (pronounce guilty and sentence w/out trial)
If the president does not sign the bill within 10 days and Congress has adjourned within that time, then the bill will not become law. What is this called?
Pocket veto
What is routine, consistent oversight by Congress over the executive branch agencies called?
Police patrol oversight
Using a diagram or list or a paragraph, briefly step through the legislative process from the introduction of a bill until it becomes a law.
The members of the House an the Senate introduce the bill to the bill to congress and the bill is assigned a number for consideration. Committees are then assigned to the bill according to the bills subject and may refer the bill to subcommittees to be revised and the go back to the committee to pass, revise, set the bill aside, or report the bill. Once this is done the bill returns to the House or Senate to be edited and will then vote on versions of the bill. One the bill is approved by both chambers of congress the bill is then negotiated between the House and the Senate and is then created into one common bill based on agreements amongst Congress. The bill is then approved by the president and is then created into law. (come back to this one)
One of the most important issues the founders grappled with was how to establish the legitimacy of the presidency itself, that is, to ensure, if possible, public acceptance of the office, its incumbent, and its powers, and to establish an orderly transfer of power from one incumbent to the next.
True
The Constitution explicitly gives the Executive Branch two of the following four listed powers. Which two powers do not belong?
b. The power to raise and support armies. d. The power to lay and collect taxes
A case brought by someone to help both him or her and all others who are similarly situated is called a ...
class action suit
The lowest federal courts; federal trials can be held only. These courts are called?
district courts