Unit 2 gov test

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he president is to be elected for FOUR years; and is to be re-eligible as often as the people of the United States shall think him worthy of their confidence. ...we must conclude we must conclude that a duration of FOUR years for the president is a degree of permanency far less dangerous, than a duration of THREE years for a corresponding office in a single State. The President of the United States can be impeached, tried, and, upon conviction of treason, bribery, or other high crimes or misdemeanors, removed from office; and would, afterwards, be liable to prosecution and punishment in the ordinary course of law. --Alexander Hamilton, Federalist no. 69, 1788 Which amendment to the Constitution has made some of the argument in the passage above moot?

22nd amendment

CABINET-LEVEL DEPARTMENTS REGULATORY AGENCIES A) 15 Cabinet Departments, each with a secretary or A) Created and empowered by Congress to monitor particular head that serves on the president's Cabinet industries and enforce unique laws B) Cabinet Secretaries can run their department in their B) Regulatory agencies are usually larger than departments in both own way and cannot be removed without Senate approval. employees and funding. C) Include the Federal Election Commission and the Securities C) Senior level agency directors get an automatic seat on the president's and Exchange Commission Cabinet D) Nine federal organizations that carry out the nation's business D) Are usually within a department and work under the direction of a White House staff member Which of the following is an accurate comparison of Cabinet-level departments and regulatory agencies?

A

First always is the question whether Congress has directly spoken to the precise question at issue. If the intent of Congress is clear, that is, the end of the matter; for the court, as well as the agency, must give effect to the unambiguously expressed intent of Congress. If, however, the court determines Congress has not directly addressed the precise question at issue, the court does not simply impose its own construction on the statute, as would be necessary in the absence of an administrative interpretation. Rather if the statute is silent or ambiguous with respect to the specific issue, the question for the court is whether the agency's answer is based on a permissible construction of the statute. -Justice John Paul Stevens, Majority Opinion, Chevron v Natural Resources Defense Council (1984)

A degree of discretion is necessary when bureaucratic agencies must apply laws that are imperfectly written.

-Federal Communications Commission, Notice of Apparent Liability, 2004 If Viacom disagrees with this notice, what is the most likely step it will take?

Appeal the ruling to the appropriate Circuit Court of Appeals

Earlier Presidents Later Presidents A) Early presidents tended to execute the laws passed by the A) Abraham Lincoln stayed within traditional bounds of the legislature and serve no more than two terms. presidency to avoid fomenting regional tensions B) Teddy Roosevelt 's stewardship theory greatly expanded the scope B) Modern Presidents have scaled back since Teddy Roosevelt of the presidency. to a scope more like that of Washington. C) Times of national stability led to a contraction in presidential scope C) Times of crisis such as during the Great Depression led to under James Buchanan. the expansion of the president's powers under FDR. D) The imperial presidency started with James Madison. D) The imperial presidency reached its peak with Andrew Jackson Which of the following is an accurate comparison of changes in the scope of the presidency?

C

House Senate A) Allows filibusters until majority vote defeats the filibuster A) Is a 101 member body, as the vice-president- can vote on all billsB) Has committees chaired by members of the minority B) Is first in the lawmaking process when it comes to tax law C) Has more rules of procedure to guide its lawmaking process C) Has authority over the ratification of treaties with other nations D) Is solely in charge of declaring war D) Has the sole power of impeachment Which of the above is an accurate comparison of the U.S. House of Representatives and U.S Senate?

C

A federal agency has been accused of not enforcing laws it is charged with enforcing. Which is the most likely action the relevant House committee will first take?

Call for an oversight hearing to understand the problem

Which of the above is an accurate comparison of judicial activism and judicial restraint?

D

A senator realizes a Senate vote on an immigration bill is coming up. The Senator examines public opinion polls on the issue and carefully reads her inbox for constituents' views on the bill and the issue. This senator is following which model of representation?

Delegate

Which of the following statements about congressional reapportionment and redistricting is true?

Districts must be drawn so that, within a state, every person's vote is roughly equal to every other person's vote

-Federal Communications Commission, Notice of Apparent Liability, 2004 Which bureaucratic authority is illustrated with this allegation?

Enforcement

FEDERAL EXECUTIVE BRANCH EMPLOYMENT BY DEPARTMENT Department FY 2012 FY 2014 FY 2016 Education 3899 3815 3973 State 9761 10,068 10,500 Commerce 35,013 34,857 35,661 Homeland Security 169,166 167,422 169,547 Justice 113,358 110,427 112,900 Which of the following accurately describes the data presented in the table?

Homeland Security was high federal priority requiring many workers during these years

...Some of those who have entered the United State through our immigration system have proved to be threats to our national security. Since 2001, hundreds of persons born abroad have been convicted of terrorism-related crimes in the U.S....the unrestricted entry into the U.S. of nationals of Iran, Libya, Somalia, Sudan, Syria, and Yemen would be detrimental to the interests of the United States. I therefore direct that the entry into the U.S. of nationals of those six countries be suspended for 90 days from the effective date of this order, subject to the limitations, waivers, and exceptions set forth... --Donald Trump, Executive Order, March 6, 2017 Which type of power did President Trump exert in issuing this executive order?

Informal

In what way did the 17th amendment broaden democracy?

It gave citizens greater impact on lawmaking in the U.S. Senate

Which of the following statements is true regarding the Court's decision in Marbury v Madison (1803)?

It overturned part of an act of Congress

House and Senate Members' Average Age, 2011-2018 Congress Representatives Newly Elected Representatives Senators Newly Elected Senators 112th 56.7 yrs 48.2 yrs 62.2 yrs 52.1 yrs 113th 57.0 yrs 49.2 yrs 62.0 yrs 53.0 yrs 114th 57.0 yrs 52.3 yrs 61.0 yrs 50.7 yrs 115th 57.8 yrs 50.8 yrs 61.8 yrs 54.8 yrs Which of the following is an accurate conclusion based on the data in the table above?

Levels of reelection in both the House and the Senate are high

House and Senate Members' Average Age, 2011-2018 Congress Representatives Newly Elected Representatives Senators Newly Elected Senators 112th 56.7 yrs 48.2 yrs 62.2 yrs 52.1 yrs 113th 57.0 yrs 49.2 yrs 62.0 yrs 53.0 yrs 114th 57.0 yrs 52.3 yrs 61.0 yrs 50.7 yrs 115th 57.8 yrs 50.8 yrs 61.8 yrs 54.8 yrs Which of the following statements is reflected in the table above?

Newly elected members are older than the other members

Which of the following best describes the message in the cartoon?

One president's appointment was replaced by another president's

The president is to be elected for FOUR years; and is to be re-eligible as often as the people of the United States shall think him worthy of their confidence. ...we must conclude we must conclude that a duration of FOUR years for the president is a degree of permanency far less dangerous, than a duration of THREE years for a corresponding office in a single State. The President of the United States can be impeached, tried, and, upon conviction of treason, bribery, or other high crimes or misdemeanors, removed from office; and would, afterwards, be liable to prosecution and punishment in the ordinary course of law. --Alexander Hamilton, Federalist no. 69, 1788 Which of the following statements best summarizes the author's argument?

People are protected from a dangerous president by elections every 4 years and process the legislature can undertake

...Some of those who have entered the United State through our immigration system have proved to be threats to our national security. Since 2001, hundreds of persons born abroad have been convicted of terrorism-related crimes in the U.S....the unrestricted entry into the U.S. of nationals of Iran, Libya, Somalia, Sudan, Syria, and Yemen would be detrimental to the interests of the United States. I therefore direct that the entry into the U.S. of nationals of those six countries be suspended for 90 days from the effective date of this order, subject to the limitations, waivers, and exceptions set forth... --Donald Trump, Executive Order, March 6, 2017 Which of the following describes President Trump's perspective in the executive order?

People who have already immigrated from the named countries may be untrustworthy

Which of the following methods is the most certain way to override a Supreme Court Decision?

Proposing and ratifying a constitutional amendment that counters the decision

Which of the following is a potential cause of the trend illustrated in the bar graph with the presidents after Truman?

Recent presidents may be trying to control the information people receive so they have limited press conferences

If there are such things as political axioms, the propriety of the judicial power of a government being coextensive with its legislative, may be ranked among the number. The mere necessity of uniformity in the interpretation of the national laws, decides the question. Thirteen independent courts of final jurisdiction over the same causes, arising upon the same laws, is a hydra in government, from which nothing but contradiction and confusion can proceed. - Alexander Hamilton, Federalist 80, 1788. Which of the following principles does Hamilton suggest the new federal judiciary will establish?

Stability in the law

Based on the information in the charts, which of the following conclusions can you draw?

The Court has issued more conservative rulings when it overturns prior Court precedents

- FCC, Notice of Apparent Liability, 2004 Which of the following statements best reflects the role of the Federal Communications Commission in this instance?

The FCC is fining Viacom for the actions of one of its companies that violated broadcast regulations

Which of the following is true in regards to the impeachment process?

The House can impeach a president and the Senate can remove a president on conviction of bribery or other high crimes and misdemeanors

Which of the following constitutional principles allowed the events shown in the cartoon?

The Senate's advice and consent rule

Which of the following accurately describes the data in these graphs?

The Supreme Court overturns more federal laws each year than it overturns prior Supreme Court precedents

We have before us one of the most important duties of the U.S. Senate and of the U.S. Congress, and that is to decide whether or not we will be involved in war. I think it is inexcusable that the debate over whether we involve the country in war, in another country's civil war, that this would be debated as part of a spending bill, and not as part of an independent free-standing bill... I think it is a sad day for the U.S. Senate. It goes against our history. It goes against the history of the country. Senator Rand Paul, Senate Floor Speech, September 18, 2014 Which of the following statements best summarizes this excerpt from Senator Paul's speech?

The U.S. Senate should decide on war-like action on its merits, not along with other legislation

We have before us one of the most important duties of the U.S. Senate and of the U.S. Congress, and that is to decide whether or not we will be involved in war. I think it is inexcusable that the debate over whether we involve the country in war, in another country's civil war, that this would be debated as part of a spending bill, and not as part of an independent free-standing bill... I think it is a sad day for the U.S. Senate. It goes against our history. It goes against the history of the country. Senator Rand Paul, Senate Floor Speech, September 18, 2014 Which foreign policy reality might limit what the Senate can do in this scenario?

The War Powers Act gives the president freedom to act with the military for a limited time.

Which of the following statements is supported by the data in the chart?

The average number of press conferences per year varies from administration to administration

We have before us one of the most important duties of the U.S. Senate and of the U.S. Congress, and that is to decide whether or not we will be involved in war. I think it is inexcusable that the debate over whether we involve the country in war, in another country's civil war, that this would be debated as part of a spending bill, and not as part of an independent free-standing bill... I think it is a sad day for the U.S. Senate. It goes against our history. It goes against the history of the country. Senator Rand Paul, Senate Floor Speech, September 18, 2014 Which power of Congress is Senator Paul probably most concerned about based on this passage?

The expressed power to declare war

When the Senate Judiciary Committee passes a proposed crime bill by a vote of 11 to 10, which of the scenarios is most likely to follow?

The full Senate will consider the bill

A U.S. district judge in Alabama has a dispute in his court in which an employee is suing her employer over improper termination. The 9th Circuit Court of Appeals and the U.S. District Court of Kansas have both ruled on highly similar cases under the same law and sided with the employee. Which of the following is the likely action this federal judge will take?

The judge must rule in the same way because of binding precedent

First always is the question whether Congress has directly spoken to the precise question at issue. If the intent of Congress is clear, that is, the end of the matter; for the court, as well as the agency, must give effect to the unambiguously expressed intent of Congress. If, however, the court determines Congress has not directly addressed the precise question at issue, the court does not simply impose its own construction on the statute, as would be necessary in the absence of an administrative interpretation. Rather if the statute is silent or ambiguous with respect to the specific issue, the question for the court is whether the agency's answer is based on a permissible construction of the statute. -Justice John Paul Stevens, Majority Opinion, Chevron v Natural Resources Defense Council (1984) Those who disagree with the above Supreme Court's opinion would likely point to which facts?

The lawmaking process becomes less democratic when bureaucratic agencies can regulate beyond their defined jurisdiction.

Which of the following may the president do to limit the power of Congress?

The president can veto a congressional bill that has passed the House and Senate

...Some of those who have entered the United State through our immigration system have proved to be threats to our national security. Since 2001, hundreds of persons born abroad have been convicted of terrorism-related crimes in the U.S....the unrestricted entry into the U.S. of nationals of Iran, Libya, Somalia, Sudan, Syria, and Yemen would be detrimental to the interests of the United States. I therefore direct that the entry into the U.S. of nationals of those six countries be suspended for 90 days from the effective date of this order, subject to the limitations, waivers, and exceptions set forth... --Donald Trump, Executive Order, March 6, 2017 With which statement would supporters of this executive order most likely agree?

The president should make protecting the nation from foreign terrorism a top priority

If there are such things as political axioms, the propriety of the judicial power of a government being coextensive with its legislative, may be ranked among the number. The mere necessity of uniformity in the interpretation of the national laws, decides the question. Thirteen independent courts of final jurisdiction over the same causes, arising upon the same laws, is a hydra in government, from which nothing but contradiction and confusion can proceed. - Alexander Hamilton, Federalist 80, 1788. Which of the following statements best summarizes Hamilton's argument?

The proposed federal courts and the Supreme Court will provide national consistency in law

Which of the following statements can be determined from the data in the chart?

The ratio of men to women working in Senior Executive Service has stayed similar over the years depicted in the chart.

FEDERAL EXECUTIVE BRANCH EMPLOYMENT BY DEPARTMENT Department FY 2012 FY 2014 FY 2016 Education 3899 3815 3973 State 9761 10,068 10,500 Commerce 35,013 34,857 35,661 Homeland Security 169,166 167,422 169,547 Justice 113,358 110,427 112,900 What conclusion can you draw from the patterns of change represented in the table?

The size of the federal bureaucracy is fairly stable


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