AP Review #2

President of the Senate

-Under the Constitution, the vice president serves as the president of the Senate and presides over the Senate's daily proceedings. In the absence of the vice president, the Senate's president pro tempore (elected by the Senate and is, by custom, the senator of the majority party with the longest record of continuous service) presides. As one of the Senate's constitutional officers, only the Vice President has the authority to cast a tie-breaking vote. -only in the Senate -Modern vice presidents are active in representing the president's views to senators and in a rare case, they have a lot of influence by having the ability to break a tie in the Senate.

Define stare decisis.

A Latin phrase meaning "let the decision stand." Most cases reaching appellate courts are settled on this principle.

What is a budget deficit?

A budget deficit is when federal expenditures exceed federal revenues for a one year period.

Define government corporations. Give an example.

A government organization that, like business corporations, provides a service that could be delivered by the private sector and typically charges for its services. The U.S. Postal Service is an example.

How is patronage different from the civil service system/merit system?

A patronage job, promotion, or contract is one that is given for political reasons rather than for merit or competence alone. However, this is different from the civil service, which is a system of hiring and promotion based on the merit principle and the desire to create a nonpartisan government service.

Define bully pulpit.

A public office or position of authority that provides its occupant with an outstanding opportunity to speak out on any issue.

According to Federalist 78, why was judicial review necessary?

According to Alexander Hamilton, the author of Federalist 78, judicial review is necessary to protect against the abuse of power by Congress.

Define bureaucracy.

According to Max Weber, a hierarchical authority structure that uses task specialization, operates on the merit principle, and behaves with impersonality.

Define judicial restraint.

An approach to decision making in which judges play minimal policy making roles and defer to legislature whenever possible.

How do the differences in chamber sizes and constituencies influence the formality of debate in the House and the Senate?

Because the chamber size of the House is so much larger, there is a more formal process for the House, in comparison to the Senate, who has the ability to debate more informally since they have much less members.

How does Congress ensure that bureaucrats implement the law in the way Congress intended?

Congress ensures that bureaucrats implement the law in the way Congress intended by having the ability to either approve or reject new bureautic programs or shift the focus of the program. Additionally, Congress can conduct investigations when the bureaucracy is accused or suspected of wrongdoing.

What is discretionary spending? Give an example.

Discretionary spending is defined as those areas of the budget that the congress can change year to year and includes the 13 appropriation bills that fund the various agencies of the federal government. An example of discretionary spending is national defense, which was about $686 billion in 2019, which is just less than half of all discretionary spending.

What president greatly expanded the power of the executive? (hint: it hasn't shrunk since then)

During the Great Depression, President Franklin D. Roosevelt was able to expand the executive branch far beyond its previous domestic footprint, advancing expansive "New Deal" programs, and attempting — unsuccessfully — to pack the Supreme Court, so that many of his programs might ultimately pass constitutional muster. President Lyndon Johnson continued this dramatic expansion of federal power with his championing of "Great Society" programs.

What kind of executive was set forth in Federalist 70?

Federalist 70 advocated for the unitary executive.

How does gerrymandering impact elections?

Gerrymandering impacts elections because it allows the politicians to choose their voters in order to get the results they want which will then impact elections. An efficiently gerrymandered map has a maximum number of districts that each contain just enough governing-party supporters to let the party's candidates win and hold the seat safely, even during "wave" elections when the opposition does especially well. And it packs the opposition's supporters into a minimum number of districts that the opposition will win overwhelmingly.

What is gerrymandering?

Gerrymandering is the drawing of legislative district boundaries to benefit a party, group, or incumbent.

How can ideology of the Court change decisions/precedent over time?

Ideology of the Court can change decisions/precedents over time because if the political climate changes, meaning for instance, there are now more liberal justices than conservatives justices instead of a majority of conservatives like there used to be, the Court can go back on decisions and overrule them, setting new precedent.

What can POTUS do if he disagrees with a judicial ruling?

If POTUS disagrees with a judicial ruling, he could promote the need for a new constitutional amendment to overturn it or try to have the Court presented with the case of the same issue so they can overturn it themselves.

What is the main role of a standing committee? Give an example of a powerful one in the House and one in the Senate.

In Congress, standing committees are permanent committees established under the rules of the House or Senate for the purpose of considering legislation in various subject specialties.Standing committees thoroughly review legislation submitted by legislators and vote on changes to bills. These legislative bodies review research, hold expert hearings and examine material evidence regarding legislation. Bills that pass standing committees go to the full chamber for consideration. The Senate has 16 standing committees, as of September 2014. An example of such a committee is the Senate Foreign Relations committee, which specializes in subjects relating to the foreign affairs of the United States, such as aid to other countries, embassies and ambassadors. The House contains 20 standing committees, as of September 2014, and each one functions similarly to standing committees in the Senate. The House Committee on Agriculture studies issues regarding farmers, farming, crops, livestock and agricultural subsidies.

Does judicial activism or judicial restraint give the Court more power? Explain.

Judicial activism gives the Court more power because it allows the Court to alleviate pressing needs, especially those needs of those who are politically or economically weak, left unmet by the majoritarian political process. Additionally, judicial activism gives the Court the power to invalidate legislative and executive actions, so as to overrule other branches of the government.

What impact does cutting taxes have on a budget deficit?

Tax rate cuts may encourage individuals to work, save, and invest, but if the tax cuts are not financed by immediate spending cuts, they will likely also result in an increased federal budget deficit, which in the long-term will reduce national saving and raise interest rates.

How does the Constitution reflect that the Senate is designed to represent states equally, while the House is designed to represent the population?

The Constitution reflects these ideals because it states that the House of Representatives shall be made up of representatives that shall be apportioned among several states according to their respective numbers, thus reflecting that the House is designed to represent the population. On the other hand, the Constitution provides that the Senate shall be composed of two Senators from each state, so no matter how largely populated a state is, they would be limited to two Senators so that each state would be equally represented in the Senate.

How is the Court insulated from public opinion?

The Court is insulated from public opinion, because first off, justices are appointed and do not answer to the electorate, as they are only appointed by the President of the U.S. Secondly, justices serve for life on good behavior, so unlike other representatives, they do not have to concern themselves with re-election and appealing to the public, and it is very unlikely for a justice to get impeached.

Regarding powers/areas of specialization, what is the House known for?

The House has several powers assigned exclusively to it, including the power to initiate revenue bills, impeach federal officials, and elect the President in the case of an electoral college tie.

How does the Necessary and Proper clause impact the amount of power Congress has? Explain.

The Necessary and Proper clause greatly increases the amount of power Congress has because this provision gives Congress a share in the responsibilities lodged in other departments, by enacting any legislation deemed necessary to carry into execution all powers of the National Government. Many Congressional powers that have evolved over the years are based on this important clause.

Describe how stare decisis impacts judicial decision making.

The U.S. common law structure has a unified system of deciding legal matters with the principle of stare decisis at its core, making the concept of legal precedent extremely important. A prior ruling or judgment on any case is known as a precedent. Stare decisis dictates that courts look to precedents when overseeing an on-going case with similar circumstances.

Define bureaucratic discretion.

The authority of a government agency to use their own judgment when determining the exact meaning of a law as they enforce it.

Where did that power come from?

The power of interpretation of the Constitution came from the Supreme Court case Marbury v. Madison.

What is Congress's role in the creation of the federal budget?

The president kicks off each year's budget process by submitting a proposal to Congress. It reflects the president's priorities, estimates, and departmental requests. Congress then determines the discretionary spending for each department through appropriation bills. It can use the president's budget as a guide. Like any other bill, the House and the Senate create separate budgets, then reconcile them before submitting to the president for signature. Congress also sets the debt ceiling. It limits how much outstanding debt the United States can owe. On February 9, 2018, President Trump signed a bill suspending the debt ceiling until March 1, 2019. As a result, the limit will be whatever level the debt is on that day.

Regarding powers/areas of specialization, what is the Senate known for?

The senate has the power to conduct impeachment trials, review and approve or reject presidential nominations, and vote on the approval of treaties.

Why has there been a shift from patronage to merit?

There has been a shift from patronage to merit because President Chester A. Arthur encouraged the passage of the Pendleton Civil Service Act in 1883, which created the federal civil service. Today, most federal agencies are covered by some sort of civil service system. The transition from a patronage-based bureaucracy to a merit-based system has increased the bureaucracy's professionalism and expertise. The bureaucracy is nonpartisan and career civil servants tend to span many presidential administrations, allowing for continuity in the public sector.

Describe how unified vs. divided government can impact judicial appointments.

When the government is divided, it makes it harder for the president to get congressional/Senate/legislature approval/confirmation/ratification of appointments. It also creates greater policy conflict and ideological conflict, which narrows the field of potential nominees.

What does a conference committee do?

Conference committees are Congressional committees formed when the Senate and the House pass a particular bill in different forms, so party leadership appoints members from each house to iron out the differences and bring back a single bill. Their role is to reconvene when these differences occur in order to resolve those bicameral differences on major and controversial legislation. There are many chamber specific procedures, rules, and roles that impact the policymaking process. For each of the following concepts, define the term, list if it's specific to the House or Senate, and then describe the impact it has on the policymaking process.

Describe why Congress defers to bureaucrats to make rules and regulations regarding policy?

Congress defers to bureaucrats to make rules and regulations regarding policy because when Congress lacks the answers to policy problems, it hopes the bureaucracies will find them. Unable itself, for example, to resolve the touchy issue of equality in intercollegiate athletics, Congress passed the ball to the Department of Health, Education, and Welfare. Unable to decide how to make workplaces safer, Congress passed OSHA. Congress is typically the problem-identifying branch of government, setting the bureautic agenda but letting the agencies decide how to implement the goals it sets. However, Congress still maintains influence by influencing the appointment of agency heads, altering an agency's budget, holding bearings, and rewriting the legislation or making it more detailed.

How else can Congress control the bureaucracy?

Congress exercises control over the bureaucracy by being able to pass laws that affect bureaucratic procedures. Additionally, Congress has the following capabilities: -Congress establishes bureaucratic agencies and departments and is, therefore, able to limit their numbers and functions. -Congress creates the bureaucratic budget and can limit how much money the bureaucracy receives. -Congress also appropriates funds to the bureaucracy; it only hands out so much money at a time. -Congress has the power to confirm the president's bureaucratic appointments, double-checking to make sure the appointee is qualified to do the job. -Congress puts its stamp of approval or rejection on new bureaucratic programs or shifts in focus. -Congress conducts investigations when the bureaucracy is accused or suspected of wrongdoing. -Congress can reprimand bureaucratic officials as necessary.

What are three enumerated powers of Congress (Article I, Section 8) that significantly increase their power? If necessary, define the power.

Congress has the power to lay and collect taxes, duties, imposts, and excises; to borrow money; to regulate commerce; to coin money; to declare war; to make all laws necessary and proper; and many other powers.

Committee of the Whole

-A committee of the people on the floor of the House in which all revenue and most other bills are discussed -only in the House -It is created for the purposes of discussion and debate of the details of bills and other main motions. In the U.S., United States House of Representatives, the Committee of the Whole House on the State of the Union is a parliamentary device in which the House of Representatives is considered one large Congressional committee.

discharge petition

-A device by which any member of the House, after a committee has had a bill for thirty days, may petition to have it brought to the floor. If a majority of the members agree, the bill is discharged from the committee; designed to prevent a committee from killing a bill by holding it for too long -only in the House -Discharge petitions are used when the chair of a committee refuses to place a bill or resolution on the Committee's agenda: by never reporting a bill, the matter will never leave the committee, and the full House will not be able to consider it. The discharge petition, and the threat of one, gives more power to individual members of the House and usurps a small amount of power from the leadership and committee chairs. In the U.S. House, successful discharge petitions are rare, as the signatures of an absolute majority of House members are required.

treaty negotiation

-A formal, public agreement between the United States and one or more nations that must be approved by two-thirds of the Senate. -The Senate can reject the treaty by having less than two thirds of the Senate vote for it.

divided government

-A government in which one party controls the white house and another party controls one or both houses of congress -impact: Divided government increases bias that make it more difficult for moderators to negotiate compromise; slows the legislative process and creates gridlock; and contributes to the decline of public trust in the government.

unanimous consent

-A senator may request unanimous consent on the floor to set aside a specified rule of procedure so as to expedite proceedings. If no Senator objects, the Senate permits the action, but if any one senator objects, the request is rejected. -only in the Senate -Unanimous consent requests with only immediate effects are routinely granted, but ones affecting the floor schedule, the conditions of considering a bill or other business, or the rights of other senators, are normally not offered, or a floor leader will object to it, until all senators concerned have had an opportunity to inform the leaders that they find it acceptable.

signing statements

-A statement issued by a president upon the signing of a bill into law by which the president indicates his or her interpretation of the law -Congress can not really limit these issues, although some believe the executive branch has abused their power in recent years.

filibuster

-A strategy unique to the Senate whereby opponents of a piece of legislation use their right to unlimited debated to prevent the Senate from ever voting on a bill; only 60 members present and voting can halt a filibuster -only in the Senate -A filibuster gives senators who are in the minority a powerful weapon for defending their (or their constituents') interests. Americans today commonly complain about gridlock in Congress. Nevertheless, senators have decided that they are more concerned with allowing senators to block legislation they oppose than with expediting the passage of legislation a majority favors. The tactical uses of a filibuster have expanded. A senator might threaten to filibuster an unregulated measure in order to gain concessions on a bill he or she opposes.

pocket veto

-A type of veto occurring when Congress adjourns within 19 days of submitting a bill to the president and the president simply lets the bill die by neither signing nor vetoing it. -The primary difference between a signed veto and a pocket veto is that a pocket veto cannot be overridden by Congress. This is because the House and Senate are, by the nature of this constitutional mechanism, not in session and therefore, unable to act on the rejection of their legislation.

executive agreements

-An agreement between the United States and a foreign government that is less formal than a treaty and is not subject to the constitutional requirement for ratification by two-thirds of the U.S. Senate -When the president acts unilaterally, the agreement is referred to as a "sole executive agreement." When the president acts with the approval of a simple majority of both houses of Congress, the agreement is known as a "legislative-executive agreement." Presidents have "assumed" discretion to decide whether to pursue an international agreement as a treaty, a sole executive agreement, or in the form of a legislative-executive agreement. The president's decision typically hinges on political factors, including the likelihood of securing Senate approval. Presidents often have chosen to exclude the Senate in making some controversial and historic international pacts through the channel of executive agreements.

hold

-An informal practice by which a senator informs his or her floor leader that he or she does not wish a particular bill or other measure to reach the floor for consideration. The majority leader need not follow the senator's wishes, but is on notice that the opposing senator may filibuster any motion to proceed to consider the measure. -only in the Senate -Unique to the upper chamber, holds can be understood as information-sharing devices predicated on the unanimous consent nature of Senate decision-making. Senators place holds to accomplish a variety of purposes—to receive notification of upcoming legislative proceedings, for instance, or to express objections to a particular proposal or executive nomination—but ultimately the decision to honor a hold request, and for how long, rests with the majority leader. Scheduling Senate business is the fundamental prerogative of the majority leader, and this responsibility is typically carried out in consultation with the minority leader.

Speaker of the House

-An office mandated by the Constitution; chosen in practice by the majority party, has both formal and informal powers, and is second in line to succeed to the presidency should that office become vacant -only in the House -The Speaker of the House has a lot of impact on policy because he presides over the House when it is in session, plays a minor role in making committee assignments (which are coveted by all members to ensure their electoral advantage), appoints or plays a key role in appointing the party's legislative leaders and the party leadership staff, and exercises substantial control over which bills get assigned to which committees.

executive orders

-An official directive from the U.S. president to federal agencies that often have much the same power of a law. -Executive orders are not unchecked strokes of power from the president's pen; they can be challenged and deemed unlawful by federal courts. In fact, the U.S. Supreme Court determined during the Korean War that executive orders must fit within a certain sphere of power and cannot simply defy Congressional intent. Although this area of law remains in flux, executive orders have the most legitimacy when the president is acting with the implied or express authority of Congress. However, these executive orders may still legally shape policy if the laws or Congress have been silent on an issue. Because Congress is rarely silent on major issues, executive orders are most common in areas where the president has been granted discretion by Congress. Regardless of the president's relationship with the federal legislature, executive orders will only allow a very small policy window in which to make changes.

commander in chief

-The Constitution makes the President head of the nation's military forces. Only Congress can declare war, but recent Presidents have sent troops into combat without a formal declaration. -The questions of whether the President possesses authority to use the military absent a Congressional declaration of war and the scope of such power, if it exists, have proven to be sources of conflict and debate throughout American history. In general, scholars express various views on the amount of power that the President actually has and the amount of power that the Constitution promises to the holder of that position. After the Kennedy, Johnson, and Nixon Administrations had spent nearly a decade committing U.S. troops to Southeast Asia without Congressional approval, Congress responded by passing the War Powers Resolution in 1973. The War Powers Resolution requires that the President communicate to Congress the commitment of troops within 48 hours. Further, the statute requires the President to remove all troops after 60 days if Congress has not granted an extension.

appointment

-The authority vested in the president to fill a government office or position; positions filled by presidential appointment include those in the executive branch and the federal judiciary, commissioned officers in the armed forces, and members of the independent regulatory commissions -The Senate can approve or disapprove of presidential appointment nominees through majority vote.

veto

-The constitutional power of the president to send a bill back to Congress with reasons for rejecting it. A two-thirds vote in each house can override a veto. -In order to overturn a presidential veto, both houses in Congress must vote to approve the bill by a two-thirds majority. In cases where a majority votes does not occur, bipartisanship — the act of finding common ground via compromise — can help override the veto by gaining a majority vote. Other alternatives include declaring a law as unconstitutional or ruling against same party affiliation.

pardon

-The express power of the president to forgive individuals of federal crimes resulting in the release from prison or punishment -The president does indeed have broad, but not unlimited, pardoning power. The Constitution gives the president the power to grant pardons, quote, "for offenses against the United States except in cases of impeachment." So he can't pardon himself from impeachment, can't pardon anyone from state charges. And most, but not all, constitutional law experts believe he cannot pardon himself on federal charges either.

ideological divisions within Congress

-The main division in Congress is between conservatives and liberals. The modern American liberal leans far to the left and is more opt for non American ideas, such as obeying U.N. laws even when U.S. sovereignty and security is at stake and avoiding war at all costs, even when it is the only realistic choice. Liberals that lean even further left usually take the side of criminals, illegal immigrants, and minorities (especially arabs/Muslims) in almost every instance they are presented with. Liberals also have this idea that America is a terrible country and should pay for its "crimes" which liberals believe is essentially every action the U.S. has taken since its creation. Conservatives on the other hand tend to be more for American sovereignty and exceptionalism. Conservatives are the backbone of what could be called traditional America, the America before the liberals assaulted all aspects of life. Conservatives believe in fairness through merit, not handouts. Conservatives believe that American citizens should come before foreigners that come to our country illegally and abuse our hospitality. The majority of conservatives also believe that our nation should never apologize for doing what was necessary for our nation's security and that of our allies. -impact: They can lead to gridlock or create the need for negotiation and compromise.

cloture

-The only procedure by which the Senate can vote to place a time limit on consideration of a bill or other matter, and thereby overcome a filibuster. Under the cloture rule (Rule XXII), the Senate may limit consideration of a pending matter to 30 additional hours, but only by vote of three-fifths of the full Senate, normally 60 votes. -only in the Senate -Cloture is a procedure used occasionally in the U.S. Senate to break a filibuster. Cloture, or Rule 22, is the only formal procedure in Senate parliamentary rules, in fact, that can force an end to the stalling tactic. It allows the Senate to limit consideration of a pending matter to 30 additional hours of debate.

committee leadership

-The seniority system is a system that gives the member of the majority party with the longest uninterrupted service on a particular committee the leadership of that committee. However, today there are exceptions to this system. New rules have limited both committee and subcommittee chairs to three consecutive two-year terms as chair, and committee chairs have lost the power to cast proxy votes for those committee members not in attendance. -House and Senate -The chairs were so powerful for most of the 20th century that they could bully members or bottle up legislation at any time - and with almost certain knowledge that they would be chairs for the rest of their electoral life. In general, committee chairs are not as powerful as they were before the reform era. The party leadership in the House has much more control over legislation, often giving committees deadlines for reporting legislation, often giving committee deadlines for reporting legislation and at times even bypassing committees for priority legislation.

lame duck sessions

-When Congress (or either chamber) reconvenes in an even-numbered year following the November general elections to consider various items of business. Some lawmakers who return for this session will not be in the next Congress. Hence, they are informally called "lame duck" members participating in a "lame duck" session. -impact: Most people assume lame duck politicians have less power. They have less ability to negotiate because they can no longer give favors. They don't have as much dealmaking power since everyone knows they won't be coming back. But the status does confer a hidden power. They are no longer beholden to voters. They can make decisions that support their legacy despite the consequences. That unique status can sometimes make them dangerous.

Rules Committee

-a special committee of a legislature, as of the U.S. House of Representatives, having the authority to establish rules or methods for expediting legislative action, and usually determining the date a bill is presented for consideration -only in the House -The Committee has the authority to do virtually anything during the course of consideration of a measure, including deeming it passed. The Committee can also include a self- executed amendment which could rewrite just parts of a bill, or the entire measure. In essence, so long as a majority of the House is willing to vote for a special rule, there is little that the Rules Committee cannot do.

What is the State of the Union? Does POTUS have to give one? How can it help POTUS?

A yearly report given by the president to Congress, stating the problems of the country and what he/she plans on doing during his/her presidency. It describes the nation's condition and recommends programs and policies. Yes, it is required, as it is mentioned in Article II, Section 3, Clause 1 of the U.S. Constitution. It can help the POTUS because it gives him/her an opportunity to advocate for certain ideas/legislation and help them gain support to get legislation passed.

Define iron triangle. Give an example of how it implements law.

Also known as subgovernments, a mutually dependent, mutually advantageous relationship between bureaucratic agencies, interest groups, and congressional committees or subcommittees. Iron triangles dominate some areas of domestic policy making. When Congress creates a new program, it does not establish all the details on how the policy will be implemented. Instead, Congress passes Enabling Legislation, which grants power to an agency to work out the specifics. Although the agency must stay within some bounds, it has a great deal of latitude in determining how to carry out the wishes of Congress.

Define judicial activism.

An approach to decision making in which judges sometimes make bold policy decisions, even chartering new constitutional ground.

Aside from SCOTUS, who determines the federal court's jurisdiction?

Article III, Section II of the Constitution establishes the jurisdiction (legal ability to hear a case) of the Supreme Court. The Court has original jurisdiction (a case is tried before the Court) over certain cases, e.g., suits between two or more states and/or cases involving ambassadors and other public ministers. The Court has appellate jurisdiction (the Court can hear the case on appeal) on almost any other case that involves a point of constitutional and/or federal law. Some examples include cases to which the United States is a party, cases involving Treaties, and cases involving ships on the high seas and navigable waterways (admiralty cases).

How do differences in the House and Senate impact the policymaking process?

Because members of the House have shorter term lengths, they are more likely to be influenced by demands from their constituents House: Bills introduced into "the hopper" and referred to committee by the Speaker Speaker may create ad hoc committees Committee action more influential than floor action for final decision Scheduling generally controlled by majority party leadership and Rules Committee Rigid floor debate rules favor majority (debate limits set by Rules Committee) Senate: Bills introduced (may be introduced directly on the floor) and normally referred to committee by majority leader No ad hoc committees may be created Floor action as important as committee action for final decision Scheduling generally mutually agreed by majority and minority leaders Flexible floor debate rules protect minority (debate limits rare, set by full Senate via unanimous consent or cloture)

What role do committees serve in Congress?

Bills begin and end their lives in committees, whether they are passed into law or not. Hearings from interest groups and agency bureaucrats are held at the committee and subcommittee level, and committee members play key roles in floor debate about the bills that they foster. Committees help to organize the most important work of Congress — considering, shaping, and passing laws to govern the nation. 8,000 or so bills go to committee annually. Fewer than 10% of those bills make it out for consideration on the floor.

What were the significant facts of Baker v. Carr (1961)?

Charles W. Baker and other Tennessee citizens alleged that a 1901 law designed to apportion the seats for the state's General Assembly was virtually ignored. Baker's suit detailed how Tennessee's reapportionment efforts ignored significant economic growth and population shifts within the state. The constitutional question was at hand: Did the Supreme Court have jurisdiction over questions of legislative apportionment?

Define oversight.

Congressional oversight refers to the review, monitoring, and supervision of federal agencies, programs, activities, and policy implementation. Congress's oversight authority derives from its implied powers in the Constitution, public laws, and House and Senate rules. Or Committee review of the activities of a Federal agency or program.

Describe what regulatory commissions do. Give an example of a commission. How are they different from independent agencies?

Each independent regulatory commission has responsibility for making and enforcing rules to protect the public interest in a particular sector of the economy, as well as for judging disputes over these rules. Some examples include the Federal Reserve Board (FRB), National Labor Relations Board (NLRB), Federal Communication Commission (FCC), Federal Trade Commission (FTC), and the Securities and Exchange Commission (SEC). Each of these independent regulatory commissions is governed by a small number of commissioners, usually 5 to 10 members appointed by the president and confirmed by the Senate for fixed terms. Unlike other agencies, the president cannot fire regulatory commission members as easily as he can cabinet officers and members of the White House staff.

Why did Hamilton argue this was the best type of executive?

Hamilton argued for the unitary executive because he believed that an energetic and forceful president was essential to good government. He believed that national defense, sound administration of the law, and the protection of property rights all depend upon the vitality of the Presidency. In addition, an energetic president best protects liberty when faction, anarchy, and the excessive ambitions of others threaten it. Though some had called for an executive council, Hamilton defended a single executive as "far more safe" because "wherever two or more persons are engaged in any common...pursuit, there is always danger of difference of opinion...bitter dissensions are apt to spring. Whenever these happen, they lessen the respectability, weaken the authority." Hamilton also argued that a single executive would be watched "more narrowly" and vigilantly by the people than a group of people would be.

What can Congress do if they disagree with a judicial ruling?

If Congress disagrees with a judicial ruling, there are several courses of action it can take. These courses of actions include overturning Court decisions by constitutional amendment, impeaching and removing a Supreme Court justice, expanding the number of seats to fill more seats for their political party, jurisdiction-stripping, and pass laws that contradict the judicial ruling.

How does a member of Congress vote if they're acting as a delegate?

If a member is acting as a delegate, they will adhere to the will of their constituents.

How does a member of Congress vote if they're acting as a politico?

If a member is acting as a politico, they will follow their own judgement (that is, act like a trustee) until the public becomes vocal about a political matter, at which point they should follow the dictates of the constituent.

How does a member of Congress vote if they're acting as a trustee?

If a member is acting as a trustee, they will consider the will of the people, but act in ways that they believe are best for the long-term interest of the nation.

What was the precedent set in Baker v. Carr (1961)?

In Baker v. Carr (1961), the Court held that redistricting qualifies a justifiable question, thus enabling federal courts to hear redistricting cases. This case made it possible for unrepresented voters to have their districts redrawn by federal courts, initiating a decade of lawsuits that would eventually result in a redrawing of the nation's political map.

Give an example of Congress exercising oversight.

In Congress, oversight comes in many forms including: hearings and investigations conducted by standing or special congressional committees, consulting with or getting reports directly from the president, giving its advice and consent for certain high-level presidential nominations and for treaties, and impeachment proceedings conducted in the House and tried in the Senate.

What was the precedent set in Shaw v. Reno (1993)?

In Shaw v. Reno, the Court ruled in a 5-4 decision that redistricting based on race must be held to a standard of strict scrutiny under the equal protection clause.

How can controversial/unpopular decisions challenge the Court's legitimacy?

In the wake of a controversial ruling by the Court, the other branches may challenge its legitimacy and power, questioning either the Court's right to exercise judicial review or the appropriateness of its justices' life tenures. Both the legislative and executive branches can also employ checks that can limit the Court's power, for example via the nomination and confirmation of justices. In the event of a vacancy, the president is likely to nominate a justice with whom they are at least somewhat ideologically aligned, which may in turn alter the ideological balance of the Court and decrease the likelihood of future majority opinions that conflict with the views of the president's party. Because federal judges serve life terms, these appointments can have long-lasting impacts after a president has left office. Congress can pass legislation to attempt to limit the Court's power: by changing the Court's jurisdiction; by modifying the impact of a Court decision after it has been made; or by amending the Constitution in relation to the Court. The president (and the states) may also choose to evade or ignore a Court decision; while not very common, this approach has been used in the past following some unpopular rulings.

According to Federalist 78, why is life tenure needed?

Life tenure is needed to free judges from political pressures and prevent invasions on political power by the president and Congress.

What is mandatory spending? Give an example.

Mandatory spending is defined as those areas of the federal budget that must be enacted each year by law and are not dependent on annual review by committees of congress. An example of mandatory spending is Medicaid, which provides health care services to almost 74 million Americans, including the poor, people with disabilities, and senior citizens in nursing homes and it is paid for partly by the states.

How can POTUS use the power of the bully pulpit to advance policy wishes? Use an example if you can.

Many presidents have social issues that are important to them, but which aren't well suited for introducing through an executive order or pushing into Congress. For example, during WWII, president Franklin D. Roosevelt (TR's distantly-related younger cousin) used the bully pulpit to try and maintain a sense of national unity and faith in the government. Through his national radio addresses called the fireside chats, FDR asked the American people to be patient, to support the war effort, and to remain united as a nation. He used the social power of his office to reinforce public opinion, and did so very successfully.

Define patronage.

One of the key inducements used by party machines. A patronage job, promotion, or contract is one that is given for political reasons rather than for merit or competence alone.

What does the policymaking process look like?

Policymaking is the process by which policy comes into being and evolves; people's interests, problems, and concerns create political issues for government policymakers; these issues shape policy, which in turn impacts people, generating more interests, problems, and concerns. The general steps of policy making are: agenda building, formulation, adoption, implementation, evaluation, and termination.

What is reapportionment? How often does it happen?

Reapportionment is the process of reallocating seats in the House of Representatives every 10 years on the basis of the results of the (national) census.

What is redistricting? How often does it happen? Who is usually in control of redistricting?

Redistricting is a legally required process that occurs every 10 years in which districts for the U.S. House and state legislatures are redrawn. Once the U.S. Census Bureau releases new population figures for all 50 states (in every year ending in "1"), seats in the U.S. House are handed out accordingly. Some states gain seats, some states lose seats, and some keep the same number of seats. But regardless of whether or not your state gains or loses, new districts for congressional seats and state legislative seats must be drawn to create districts that are equal (or as close to possible) in population.

What is the function of a select committee? Give an example of one.

Select committees are Congressional committees appointed for a specific purpose, such as the Watergate investigation. Select committees may be temporary or permanent and usually have a focused responsibility. The House and Senate each have a permanent Select Committee on Intelligence, for example. In 2011, a Joint Select Committee on Deficit Reduction was given responsibility for developing a plan to cut the deficit.

How did the 22nd Amendment restrict the power of the president?

The 22nd Amendment restricted the power of the president because it stated that no U.S. president should be elected for more than two terms.

How does POTUS control the bureaucracy?

The POTUS can also control the bureaucracy by appointing the right people to head and subhead the agency, issuing executive orders to the agencies to carry the force of law and implement statues, treaties, and provisions of the Constitution, alter an agency's budget, and reorganize an agency.

What were the significant facts of Shaw v. Reno (1993)?

The U.S. Attorney General rejected a North Carolina congressional reapportionment plan because the plan created only one black-majority district. North Carolina submitted a second plan creating two black-majority districts. One of these districts was, in parts, no wider than the interstate road along which it stretched. Five North Carolina residents challenged the constitutionality of this unusually shaped district, alleging that its only purpose was to secure the election of additional black representatives. After a three-judge District Court ruled that they failed to state a constitutional claim, the residents appealed and the Supreme Court granted certiorari. The constitutional question at hand was: Did the North Carolina residents' claim, that the State created a racially gerrymandered district, raise a valid constitutional issue under the Fourteenth Amendment's Equal Protection Clause?

What is the biggest part of America's discretionary spending?

The biggest part of America's discretionary spending is national defense, which was $686 billion in 2019, making up 49% of total discretionary spending. Non-defense discretionary spending includes a wide array of programs such as education, training, science, technology, housing, transportation, and foreign aid.

Describe what the Cabinet is and what it does. Give an example of a department.

The cabinet is a group of presidential advisers not mentioned in the Constitution, although every president has had one. Today the cabinet is composed of 14 secretaries, the attorney general, and others designated by the president. Established in Article II, Section 2 of the Constitution, the Cabinet's role is to advise the President on any subject he may require relating to the duties of each member's respective office. President Donald J. Trump's Cabinet includes Vice President Mike Pence and the heads of the 15 executive departments (i.e. the Secretaries of Agriculture, Commerce, Defense, etc.). Additionally, the Cabinet includes the White House Chief of Staff and heads of the Environmental Protection Agency, Office of Management and Budget, United States Trade Representative, Central Intelligence Agency, Office of the Director of National Intelligence, and Small Business Administration.

What is the chamber size for the House? For the Senate?

The chamber size for the Senate is 100 and the chamber size for the House is currently 435.

How are coalitions in Congress affected by term length differences?

The coalitions in the House of Representatives are not affected by term length differences because representatives have to go up for reelection every two years and all terms start and end at the same time. However, it is more complicated for coalitions in the Senate because Senators run for reelection every six years, but elections only run every other year for a ⅓ of Senators. Therefore, shorter term-lengths in the House can make representatives more sensitive to the constituent concerns than Senators are, and are less likely to form bipartisan coalitions in support of legislation as a result.

What can states do if they disagree with a judicial ruling?

The states cannot really do much if they disagree with a judicial ruling, but if the executive branch fails to enforce the ruling, they may not have to strictly adhere to it.

What was the holding in Marbury v. Madison 1803?

The holding was that the Supreme Court first declared an act of Congress unconstitutional, thus establishing the doctrine of judicial review.

Describe what bureaucratic agencies do. Give an example of an agency.

The job of a bureaucrat is to Implement government policy, to take the laws and decisions made by elected officials and put them into practice. Some bureaucrats implement policy by writing rules and regulations, whereas others administer policies directly to people (such as distributing small business loans or treating patients at a veterans' hospital). The task of running the government, and providing services through policy implementation, is called Public Administration. Examples of bureaucratic agencies are General Services Administration (GSA), National Science Foundation (NSF), and National Aeronautics and Space Administration (NASA).

Define judicial review.

The power of the courts to determine whether acts of Congress and, by implication, the executive are in accord with the U.S. Constitution. Judicial review was established by Marbury v. Madison.

What is the power of the judicial branch?

The power of the judicial branch is for the Supreme Court to interpret the Constitution and limit the powers of the other branches of government.

What is the term for members of the House? For the Senate?

The terms for members of the House and for the Senate are U.S. representatives and U.S. Senators.

Describe how justices get on the Court.

When a vacancy occurs on the Supreme Court, the president, with the advice and consent of the Senate, will appoint a new justice. The appointment process for selecting a new Supreme Court justice begins with a presidential nomination. While agencies such as the Department of Justice may offer recommendations on potential candidates, only the president has the authority to make an official nomination. Once the president announces his choice, the Senate initiates confirmation proceedings. The Senate confirmation hearings begin in the Senate Judiciary Committee, which conducts a thorough background check and examines the nominee's published works, significant litigation matters, political affiliations and any potential conflicts of interest. The committee convenes a hearing where members discuss the nominee's qualifications and ask questions regarding his experience. The committee then votes on whether to send the nomination to the full Senate for consideration. If a nomination proceeds, the full Senate will debate the nominee's qualifications and issues such as how he might interpret the U.S. Constitution when ruling on politically controversial issues such as immigration laws. Once debate concludes, the Senate votes on whether to confirm the nomination. If approved, it sends a confirmation resolution to the president. The nominee is sworn in by taking two oaths: an oath required by the Judiciary Act of 1789 and a constitutional oath required under Article IV of the Constitution. These oaths are typically administered by the chief justice or highest-ranking associate justice.