Unit 2 AP gov
Executive agreements
An agreement between a president and another nation that does not have the same durability in the American system as a treaty but does not require Senate ratification
Treaty negotiation
An agreement with a foreign government negotiated by the President and requiring a two-thirds vote in the Senate to ratify
How does Congress ensure that bureaucrats implement the law in the way Congress intended? How else can Congress control the bureaucracy?
Congress can control bureaucracy through legislative vetoes.
Define oversight. Give an example of Congress exercising oversight.
Efforts by Congress to ensure that executive branch agencies, bureaus, and cabinet departments, as well as their officials, are acting legally and in accordance with congressional goals. EX: those related to investigations, impeachment, confirmation of nominees, appropriations, authorization, and budget.
The Declaration
Explains why colonies should break away from England, and that the people have rights that can't be taken away. List complaints against the king, and argues that colonies must separate from Britain in order to protect colonists' rights.
Veto
Formal Rejection by the president of a bill that has passed both houses of congress
Pardon
Presidential authority to release individuals convicted of a crime from elga consequences and set aside punishment for a crime.
How did the 22nd Amendment restrict the power of the president?
The 22nd Amendment limits the president to only two four year terms.
Describe what the Cabinet is and what it does.
The Cabinet's role is to advise any President on any subject he may require relating to the duties of each member's office. EX: the president can dismiss cabinet officers but not commissioners of independent regulatory agencies since they have set terms.
Article II:
The executive branch
Article I:
The legislative branch
Signing statements
Written comments issued by presidents while signing a bill into law that usually consists of political statement sor reasons for signing the bill but that may also include a president's interpretation of the law itself
Executive orders
Policy directives issued by presidents that do not require congressional approval
Define government corporations.
Is a government agency that is established by Congress to provide a market-oriented public service and to produce revenues that meet or approximate its expenditures EX: PBS is a gov-owned corporation
The rule of 4:
4/9 justices have to say they wanna hear the case to see it
What kind of executive was set forth in Federalist 70? Explain!
A unitary executive
Pocket veto
An informal veto caused when the President chooses not to sign a bill within ten days, during a time when Congress has adjourned at the end of a session
What is the State of the Union? Does POTUS have to give one? How can it help POTUS?
At the beginning of each calendar year the president addresses congress in what is called the State of the Union Address. In article II of the constitution it says the president is to "give to the Congress Information of the State of the Union, and recommend to their Consideration such measures as he shall judge necessary and expedient" the state of the Union address fulfills this. POTUS can use the State of Union to increase media coverage and potentially bully pulpit.
Define bully pulpit. How can POTUS use the power of the bully pulpit to advance policy wishes? What is an example of President Trump using the bully pulpit?
Bully pulpit is when the president appeals to the public to try and put pressure on the other branches to support his or her policies. Trump uses the bully pulpit by posting on twitter. A president could use the State of Union Address to attemp to bully pulpit.
Which president greatly expanded the powers of the executive branch?
FDR, he changed the dynamic between congress and the presidency and made it so that no longer was the presidency subordinate to congress. (labeled the modern presidency) There are four main features of the modern presidency. (1) the president now regularly initiates legislation, (2) many unilateral powers have been delegated to the president by congress. (3) the president is now the focus of public attention. (4) EOP
Define patronage. How is patronage different from the civil service system/merit system? Why has there been a shift from patronage to merit?
Filling of administrative positions as reward for support, rather than solely merit. The Civil Service/Merit system is hiring and promotion based on testing results, education, and other things rather than politics and connections. EX: used for bigger positions, whereas lower you are it is usually through civil service/merit system
Federalist 70:
Hamilton argues that the executive branch must be a unitary system
Federalist 78:
Hamilton discusses power of judicial review. Federal courts have the job of determining whether Congress' laws are constitutional or not. Also must determine what should be done if the government does things that are unconstitutional.
Federalist 51
James Madison discusses how checks and balances will be made in the government to keep the people's liberties. Each department of government should be as little dependent on each other as possible.
Define judicial activism v. judicial restraint.
Judicial restraint is the idea the seldom should justices overturn laws and exercise judicial review. Judicial activism is the philosophy that justices should actively try and challenge laws and use their powers of judicial review even if that means creating bold new policies.
Define judicial review. According to Federalist 78, why was judicial review necessary?
Judicial review is the act of reviewing the constitutionality of a law. According to Federalist 78 Judicial Review is necessary to act as a check on the other branches of government and review the constitutionality of their actions.
According to Federalist 78, why is life tenure needed?
Life tenure is imperative so that judges don't try to act in a way to please congress or the president in hopes of reappointment. Life tenure insures the independence of the judiciary.
Define stare decisis. Describe how stare decisis impacts judicial decision making.
Stare decisis is a legal document that requires the court to rule the same as they did on older cases as they do on new similar cases. Basically it requires the court to follow legal precedents that were earlier established by the court. Judicial decisions usually defer to its previous rulings because of stare decisis.
What is the power of the judicial branch? Where did that power come from?
The Judicial Branch interprets laws, assess how they apply in real world situations, and decides whether or not laws are constitutional. In Article III of the constitution the Judicial power of the United States is given to the Supreme Court.
Appointment
The authority vested in the president to filla government office or position. EX: those in executive branch and federal judiciary, commissioned officers in armed forces, and those of independent regulatory commissions
What is the bureaucracy and how does it impact policy-making?
The departments and agencies within the executive branch that carry out the laws of the nation. The bureaucracy emphasizes rules, writes regulations, issues fines, testifies before congress if congress is looking in at a whistleblower or something
How do you think the ideology of the Court can change decisions/precedent over time? Can you think of an example?
The ideology of the court can change with new judges. Examples of these are Dred Scott v Sandford, Plessy v Ferguson and Brown v Board of Education.
Article III:
The judicial branch
Define iron triangle. Give an example of how it implements law.
The networks of congressional committees, agencies, and interest groups. Coordinated and mutually beneficial activities of the bureaucracy, Congress, and interest groups to achieve shared policy
Define bureaucratic discretion. Describe why Congress defers to bureaucrats to make rules and regulations regarding policy? How might this present an issue in certain situations?
The power to decide how a law is implemented and to decide what Congress meant when it passed a law.
Describe how justices get on the Court
The president nominates the justices and then the Senate most vote, only a simple majority in the Senate is needed to be appointed.
Commander in Chief
The role of the president as supreme commander of the military forces of the US and of the state national guard units when they are called into federal services
Citizens United v Fec:
allowed unlimited election spending on campaign financing by corporations and labor unions
Marbury v Madison
established judicial review. John Marshall, chief justice, established this.
17th amendment
established popular election of US senators. AKA direct election of senators
Preamble of the Constitution
form a more perfect union, establish justice, etc
Brutus 1 (anti fed)
free republic cannot exist in such a large territory, uses examples of roman and greek republic empires becoming tyrannical as they expanded. True representation comes from the people, not the people's representatives. Factions threatened personal liberties and opinions
25th amendment:
if the president is unable to do his job, the vice president shall step in
22nd amendment:
limits the number of terms a president is eligible to run for president of the US
Baker v Carr:
the court held that redistricting courts qualify as a case, thus enabling federal courts to fear redistricting cases
Federal courts:
there are 3 types of federal courts (supreme court-1, district courts-94, circuit courts of appeals-13)
Electors
there are 538 electors (2 per state, and however many more they have in house rep numbers)
Shaw v Reno:
this case represented a conservative shift in the supreme court. Ruled that redistricting based on race must be held to a standard of scrutiny under the equal protection clause