Exam #2

House Rules Committee

-An institution unique to the House of Representatives that reviews all bills (except revenue, budget, and appropriations bills) coming from a House committee before they go to the full House. -The House Rules Committee considers all bills reported from policy and fiscal committees and determines whether, and in what order, to schedule their consideration on the floor of the House. The Rules Committee also reviews, adopts and schedules consideration of floor resolutions. -meets 2nd Tuesday of every month - there is no counterpart committee in the senate -The Rules Committee focuses on procedural, rather than substantive, matters.

The ______ structure of the U.S. Congress produces many distinguishing features, including the _______ to whom these members are accountable. Whereas all _______ are elected statewide, most ________ are selected from small congressional districts.

-Bicameral - constituencies -Senators -Representatives

felony

-a serious criminal offense punishable by a prison sentence or fine; often subjects a person to state prison

parole:

-conditional release from prison for an offender who has served some prison time

how many senators are needed to submit a hold

1 senator is needed to submit a hold

Why might pork barrel spending be a useful thing for congress

Correct: -They often support legitimate district projects - They help promote compromise among members of congress Incorrect: -They help reduce government spending. - Earmarks help prevent scandals in congress

Which statements about the power to provide "advice and consent" are accurate?

Correct: The Senate rarely rejects the president's treaties and appointments. The rejection rate is lower when the same party controls the Senate and White House. False: The rejection rate is higher when the same party controls the Senate and White House. The Senate regularly rejects the president's treaties and appointments.

Rep. Stevens has sponsored a bill for universal background checks for the purchase of all firearms. Stevens is a party leader and views gun control as a top priority for the majority party. What type of rule—open or closed—would the following members of Congress prefer as they take up the bill?

Open Rule: * The National Rifle Association has gotten Rep. Davis to present an amendment that exempts gun shows from the requirement. * Rep. Jones is testifying before the Rules Committee because she would like to offer an amendment that exempts individuals who participate in the TSA pre-check clearance program from background checks. Closed Rule: * Rep. Stevens is testifying before the Rules Committee after his legislation was reported out of the Judiciary Committee. *

Omnibus Appropriations Bill

Packages many of the smaller regular appropriations bills into one larger single bill that could be passed with only one vote in each house.

True Or False: Committees no longer are as central and important to the legislative process as they once were due in part to partisan divisions.

True

True or False Increases in education create significantly more political participation

True

True or False : There is no limit on the number of special legislative sessions in the state of Texas

True

How has the legislative process changed over time?

True - Party leaders make less use of conference committees, instead "ping-ponging" bills back and forth between the House and Senate. - Large omnibus appropriations bills are more common. False Open rules are more common in the House. Multiple referral is less common in the House.

Which statements regarding multiple referral are true

True : Multiple referral is more common in the U.S. House than the U.S. Senate. Multiple referral increases the power of the leadership Complex bills that concern many different issues may be assigned to different standing committees. False: Multiple referral reduces the leaders' power and increases committee power. Multiple referral gives each individual legislator a veto over legislation and therefore produces more bipartisan legislation.

multiple referral

a congressional process whereby a bill may be referred to several committees Multiple referral is the process through which a bill is referred to a second committee after the first is finished acting.

Veto

a constitutional right to reject a decision or proposal made by a law-making body.

bicameral legislature

a lawmaking body made up of two chambers or parts, A bicameral system describes a government that has a two-house legislative system

conference

a meeting that brings people together to exchange views or information

constituent

a person whom a member of Congress has been elected to represent

ping-ponging

"Ping pong" refers to reconciling the differences between a House-passed bill and a Senate-passed bill by amendments between the chambers, rather than forming a conference committee.

Lawmaking process of a house bill

* First, a Representative sponsors a bill. * The bill is then assigned to a committee for study. * If released by the committee, the bill is put on a calendar to be voted on, debated or amended. * If the bill passes by simple majority (218 of 435), the bill moves to the Senate. * In the Senate, the bill is assigned to another committee and, if released, debated and voted on. * If the Senate makes changes, the bill must return to the House for concurrence. * The resulting bill returns to the House and Senate for final approval. * The President then has 10 days to veto the final bill or sign it into law.

Place these actions in order from the earliest to the latest in the lawmaking process of a House bill (assuming all actions occur).

*House Bill Proposed * Bill is referred to a committee * Bill receives a committee markup *Bill goes to a rules committee * Bill receives a vote on the floor of the house * Bill goes to the senate floor *President signs int law

Place these steps in order from first to last

- Census - Apportionment - Redistricting

misdemeanor:

- a minor criminal offense usually punishable by a small fine or short jail sentence

probation

- an alternative to imprisonment in which the convicted person is subject to supervision and specified rules

steps a bill must take before becoming a law

- introduction -referral -consideration by a standing committee -floor action -conference committee between house and senate -signature by the governor

requirements to be a member of the house of representatives

- resident of Texas for at least 2 years - 21 years old

executive agreement

an agreement between the president and the leader of another country

pocket veto

an indirect veto of a legislative bill by the president or a governor by retaining the bill unsigned until it is too late for it to be dealt with during the legislative session.

open rule

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

public defender

attorney who works for the state and defends people who cannot afford a private attorney

county attorney

county official who prosecutes lesser criminal cases in the county court

effects of Texas prison expansions of the 1990's and 2000's

early release programs the number of inmates in tx prisons increased the operating costs of tx prisons increased dramatically

What is the purpose of interest groups?

influence government and public policy to benefit themselves or their cause/interest.

members of the legislative redistricting board

lieutenant governor, speaker of the house, attorney general, comptroller, commissioner of the general land office

What is the purpose of staff agencies?

organization that matches companies and job candidates. A staffing agency acts as a middleman between employers and workers, helping to match qualified candidates with companies that have current job openings

Lobbyist

person who seeks to influence political events

the number of people in each legislative district must be roughly equal based on the number of what?

residents

oversight

the effort by Congress, through hearings, investigations, and other techniques, to exercise control over the activities of executive agencies Oversight, as applied to Congress, usually refers to the effort to oversee or to supervise how the executive branch carries out legislation

incumbent

the holder of an office or post.

pork barreling

the use of government funds for projects designed to please voters or legislators and win votes.

What is pork barrel legislation?

the use of government funds for projects designed to please voters or legislators and win votes. appropriations made by legislative bodies for local projects that are often not needed but that are created so that local representatives can win re-election in their home districts

prosecutors agree to a plea bargain because

they want to conserve resources, and the defendant is likely to go to jail anyway

Cloture

two thirds majority vote to end a filibuster

Seniority

years of service, which is used as a consideration for assigning committee members

what are the powers of the house?

•introduce tax bills •impeachment * elect the president in the case of an electoral college tie

Impeachment Process

1. House passes articles of impeachment by majority 2. Senate holds an impeachment trail 3. The senate votes to convict a federal official by a two thirds vote 4. The federal official is removed from office

how often does the tx state legislature meet in the regular session?

140 calendar days a year

how many members in Texas legislature

181 31 senators 150 representatives

how many senators are needed to pass a bill

51/100

how many senators are needed to invoke cloture

60/100

how many senators are needed to overturn a presidential veto

67/100

unitary executive

A belief that the president's inherent powers allow him to overrule congressional grants of independent authority to agencies.

joint committee

A committee composed of members of both the House of Representatives and the Senate; such committees oversee the Library of Congress and conduct investigations.

roll-call vote

A congressional voting procedure that consists of members answering "yea" or "nay" to their names.

Impeachment

A formal document charging a public official with misconduct in office

grand jury

A group of citizens that decides whether there is sufficient evidence to accuse someone of a crime. returning a verdict of "true bill" or "no bill"

Appropriation

A legislative grant of money to finance a government program or agency

Caucus

A meeting of local party members to choose party officials or candidates for public office and to decide the platform.

standing committee

A permanent committee established in a legislature, usually focusing on a policy area

post-adjournment veto

A post-adjournment veto occurs when a president exercises a pocket veto but Congress has adjourned and is unable to override the pocket veto.

Chubbing

A practice whereby representatives engage in lengthy debate for the purpose of using time and thus preventing a vote on a bill that they oppose.

select committee

A temporary legislative committee established for a limited time period and for a special purpose.

Logrolling

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

assigned counsel

An attorney in private practice assigned by a court to represent an indigent. The attorney's fee is paid by the government with jurisdiction over the case.

Speaker of the House

An office mandated by the Constitution. The Speaker is 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.

closed rule

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

Impeached presidents

Andrew Johnson 1868 Bill Clinton 1998 Donald Trump 2018

What are the powers of the senate?

Approves or reject Presidential nominations and treaties through a simple majority, Conduct impeachment trial, provide advice and consent to ratify treaties

conference committee

Committee appointed by the presiding officers of each chamber to adjust differences on a particular bill passed by each in different form. a conference committee is a temporary, bicameral (House and Senate) committee established to resolve differences between two versions of a bill. (the house version and the senators version

Case Act of 1972

Congress must be granted notification of any executive agreements within 60 days

legislative oversight

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

Which statements are accurate regarding the leadership positions in the Senate and House?

Correct: The majority leader in the Senate holds a higher position of power than does the majority leader in the House. The House has more party leadership positions than does the Senate. The minority party leader in the Senate generally has more power than the minority party leader in the House. Incorrect: The Speaker of the House's counterpart in the Senate is the president pro tempore. The House elects its leadership every two years, and the Senate every six

what is descriptive representation?

Descriptive representation is the idea that a group elects an individual to represent them who in their own characteristics mirror some of the more frequent experiences and outward manifestations of the group

Texas Legislative powers

Direct and Supervisory powers: the legislature's power over the executive branch, most commonly through appropriations Judicial Powers: the power of the legislature to impeach and convict members of the executive and judicial branches of state government Electoral Powers: the legislature's mandated role in counting returns in the election for governor and lieutenant governor Investigative Powers: the ability of the Texas House, Senate, or both working together, to examine problems facing the state Constituent service: work on behalf of specific problems citizens face in a representative's district

Electioneering

Direct group involvement in the electoral process, for example, by helping to fund campaigns, getting members to work for candidates, and forming political action committees.

Apportionment

Distribution of representatives among the states based on the population of each state the process occurring after the census that allocates congressional seats among the 50 states

Executive agreements are often used by presidents as an alternative to _______, which require Senate approval. However, perceived presidential abuse of this tactic led to the _______, which requires that the president inform Congress of an executive agreement within _______ of its creation.

Executive agreements are often used by presidents as an alternative to treaties, which require Senate approval. However, perceived presidential abuse of this tactic led to the Case Act, which requires that the president inform Congress of an executive agreement within 60 days of its creation.

True or False: The Supreme Court has ruled that race cannot be considered in redistricting.

False

True or False: With growing distrust of government and partisan polarization, incumbents over the past few election cycles only had about a 50 percent chance of reelection.

False

pork barrel

Federal projects, grants, and contracts available to state and local governments, businesses, colleges, and other institutions in a congressional district.

executive agreements

Formal international agreements entered into by the president that do not require the advice and consent of the U.S. Senate.

Senate vs House

House has a more organized/unified body while the senate has a more deliberative/compartmentalized body. The House is more likely to encourage specialization and it gives leadership more control over process

impeachment and conviction : House vs Senate

House: Initiates the impeachment process, involves a vote requiring a simple majority, Charges an individual with "Treason, Bribery, or other high crimes and misdemeanors" Senate: involves a vote requiring a two-thirds majority Convicts or Acquits the individual charged

What is delegate representation?

In this model, constituents elect their representatives as delegates for their constituency

how are congressional party leaders chosen?

Majority vote of the party members

1986 convictions of Timothy Cole and Micheal Morton

Michael Morton spent 25 years in prison for his wife's bludgeoning death before DNA analysis finally freed him, a miscarriage in justice that still reverberates through the state's criminal cases. caused A state-level advisory panel recommended reforms. Compensation was increased for wrongfully convicted and imprisoned individuals .Information collected by prosecutors in discovery must be made available to the defense .A prosecuting attorney was criminally convicted for actions leading to wrongful conviction.

Congressional Oversight

Power used by Congress to gather information useful for the formation of legislation, review the operations and budgets of executive departments and independent regulatory agencies, conduct investigations through committee hearings, and bring to the public's attention the need for public policy. congressional committees may investigate a program and choose to eliminate or change it.

Gerrymandering

Process of redrawing legislative boundaries for the purpose of benefiting the party in power. The apportionment of voters into districts in a manner that provides an unfair advantage to one group over another

One of the most significant changes to criminal justice in Texas came in 2017 through changing which aspects regarding inmate informants?

Prosecutors having to document the use of incarcerated informants and share information with the defense about the criminal background of informants

Match each of the following procedural steps to its appropriate chamber, indicating whether it occurs exclusively in the House, the Senate, or both.

Senate: - filibuster - cloture vote House - Processing by the rules committee - debate time allocated by bill sponsor Both: - undergoes debate in subcommittee - bill dies in committee

True Or False: Committee leaders are generally selected based on seniority, though recently chairs have also been selected based on loyalty to the party.

True

Which statement regarding conference committees is accurate?

Successful conference committee reports are generally true compromises. (When a committee successfully negotiates a report, it is usually the result of a real compromise rather than of one side steamrolling the other.)

United States v. Nixon

The 1974 case in which the Supreme Court unanimously held that the doctrine of executive priveledge was implicit in the Constitution but could not be extended to protect documents relevant to criminal prosecutions

credit claiming

The efforts by members of Congress to get their constituents to believe they are responsible for positive government actions.

beyond a reasonable doubt

The level of proof required to convict a person of a crime the level of certainty a juror must have to find a defendant guilty of a crime. a real doubt, based upon reason and commonsense after careful and impartial consideration of all the evidence, or lack of evidence, in a cas

directive powers

The power to issue binding orders to state agencies.

executive privilege

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

minority leader

The principal leader of the minority party in the House of Representatives or in the Senate.

Redistricting

The redrawing of congressional and other legislative district lines following the census, to accommodate population shifts and keep districts as equal as possible in population.

Redistricting

The redrawing of congressional and other legislative district lines following the census, to accommodate population shifts and keep districts as equal as possible in population. The process of redrawing congressional or state legislative districts in a state to account for population shifts within the state

What is the purpose of a congressional member organization?

The term congressional Member organization refers to a group of Members who join together in pursuit of common legislative objectives and register the organization with the Committee on House Administration

pigeonhole

To not assign or hear debate on a bill If the committee does not act on a bill, it is the equivalent of killing it. The Committee Chair has the right to "pigeonhole" (not assign or hear debate on the bill) thus killing it. To set a bill aside by a committee without considering it

bill

a proposed law

What is Private Bill?

a proposed legislative bill that deals with specific private, personal, or local matters rather than general affairs A private bill provides benefits to specified individuals (including corporate bodies) a proposal for a law that would apply to a particular individual or group of individuals, or corporate entity

District Attorney

a public official who acts as prosecutor for the state or the federal government in court in a particular district.

What is trustee representation?

a representation model in which the representative does what he/she thinks is best constituents elect their representatives as 'trustees' for their constituency. These 'trustees' have autonomy to deliberate and act as they see fit, in their own conscience even if it means going against the explicit desires of their constituents; this is also called a free mandate

party unity vote

a roll-call vote in the House or Senate in which at least 50 percent of the members of one party take a particular position and are opposed by at least 50 percent of the members of the other party

whip

a senator or representative who helps the party leader stay informed about what party members are thinking

true or false: after conviction death penalties are carried out swiftly

false

Incumbency

holding the political office for which one is running

expressed powers

powers directly stated in the constitution

Filibuster

prolonging debate in order to delay or prevent decision A procedural practice in the Senate whereby a senator refuses to relinquish the floor and thereby delays proceedings and prevents a vote on a controversial issue.

probable cause

reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion

What is substantive representation?

representing the interests of groups of which they themselves are not members, Congress members represent the needs and interests of specific groups.

Requirements for Texas senate

resident of Texas for at least 5 years at least 26 years old

Electoral powers of congress

selection of the president by the House of Representatives and/or vice president by the Senate upon the failure of the electoral college to achieve a majority vote

how long are senators elected for?

six-year terms

majority leader

the legislative leader elected by party members holding the majority of seats in the House or Senate

what is a problem urban and rural police departments share

the need to pay police officers competitive wages nd provide benefits

constituency

the people and interests that an elected official represents

line-item veto

the power of a president, governor, or other elected executive to reject individual provisions of a bill.

Judicial Power

the power to interpret laws, to determine their meaning, and to settle disputes that arise within the society

Investigative Power

the power, exercised by the House, the Senate, or both chambers jointly, to investigate problems facing the state

committee markup

the session in which a congressional committee rewrites legislation to incorporate changes discussed during hearings on a bill