Fed. Gov. M.4 Part 1

________ bureaucrats regularly interact with the public.

"Street-level"

In 2016, constituents notified Congress of a sudden 500% price hike in EpiPens (which are used to treat severe allergic reactions). In response, the House Oversight and Government Reform Committee launched an inquiry and held hearings on the issue. The committee's response was an example of ________ oversight.

"fire alarm"

When presidents use popular appeals in an attempt to create a mass base of support that will allow them to accomplish their goals, it is referred to as

"going public."

If the House Oversight and Government Reform Committee held a regularly scheduled hearing to receive updates on the implementation of health care laws by the Department of Health and Human Services, it would be an example of ________ oversight.

"police patrol"

If a member of the House of Representatives won her first election with 52% of the vote and won her second election with 75%, it would be an example of the

"sophomore surge."

The number of seats in the House of Representatives has been fixed at ________ since ________.

435; 1929

In 2018, about ________ of U.S. House incumbents won reelection.

90%

Which of the following is least likely to be a reason Congress would delegate policymaking authority to the bureaucracy?

Agencies can make policy decisions that are different than what Congress wants.

Senator Mitch McConnell (KY) is running for re-election. Which of the following advantages would he have over his rivals?

All of these answer choices are correct.

The Secretary of Education, Secretary of Defense, and Secretary of the Interior are all members of the

Cabinet

During the nineteenth century, ________ was America's dominant institution of government.

Congress

The president's delegated powers come from

Congress

________ has the authority to change the number of justices who serve on the Supreme Court.

Congress

One difference between a veto and a pocket veto is that

Congress can override a regular veto but cannot override a pocket veto.

________ and ________ are the two most common types of civil law cases.

Contracts; torts

________ is the right of every individual against arbitrary action by national or state governments.

Due process of law

Which of the following illustrates a member of Congress acting as a delegate?

During a town hall, constituents of Senator Ted Cruz (TX) urge him to vote in favor of an upcoming tax cut, which he does.

The congressional practice of "ping-ponging" refers to which of the following?

House and Senate leaders send a bill back and forth to reconcile differences between the bills in the two chambers.

Why does the House typically have greater party unity than the Senate?

House rules grant greater control over the actions of representatives than Senate leaders.

The office of the presidency was established by Article ________ of the Constitution.

II

Which of the following best illustrates an example of a "policy czar"?

In 2014, President Obama chose Ron Klain to serve as the Obama Administration's Ebola response coordinator.

What is the purpose of the National Security Council?

It assimilates and analyzes data from various government sources and makes recommendations about protecting the country.

Which of the following statements about the impeachment process is most accurate?

It is a political exercise.

What is a government corporation?

It is an agency that performs and charges for services usually provided by the private sector.

What is the vesting clause?

It is the part of the Constitution that gives the power to execute laws to the president.

How has going public evolved over time?

Presidents have found it easier to go directly to the people, especially with the advent of the internet.

What is the general tendency of a president's approval rating?

Presidents usually start out popular and decline over the next four years.

________ occurs when an agency, rather than acting in the public interest, becomes too favorable toward the organized interests or corporations it is supposed to be regulating.

Regulatory capture

________ occurs when the president directs administrative agencies to promulgate specific rules and regulations.

Regulatory review

Which of the following statements best describes the representation of women in the U.S. Congress?

Representation of women has increased over time but still lags behind the rest of the world.

Cabinet members must be approved by the

Senate but are not responsible to the Senate or to Congress at large.

Which of these statements is true?

Several vice presidents have had to take on the presidency after the president has died or resigned.

Over the past several decades, the ________ and the ________ have benefited most from apportionment.

South; West

The ________ is established by the Constitution and cannot be abolished by a congressional law.

Supreme Court

Which of the following best summarizes the legality of executive privilege?

The Court has acknowledged that the concept is legal, though the president may not be able to claim it in every case.

How is the Speaker of the House determined?

The elected leader of the majority party in the House is the Speaker.

In the House of Representatives, what is the relationship between the majority leader and the Speaker of the House?

The majority leader is subordinate to the Speaker of the House.

Which of the following best describes the role of the solicitor general?

The solicitor general is the lawyer who represents the United States before the Supreme Court in cases where the federal government is a party.

Why did the length of time required to develop an administrative rule grow from an average of 15 months to an average of more than 35 months over the last four decades?

There are now new procedures requiring more public notice, more public hearings, more cost-benefit analysis, and stronger legal obligations to prepare "environmental impact statements."

The ________ is the only federal court established by the Constitution.

U.S. Supreme Court

Which of the following statements about the presidential veto is most accurate?

Use of the veto varies considerably across presidential administrations, and vetoes are

The ________ asserted that the president could send American troops into action abroad only in the event of a declaration of war or other statutory authorization by Congress, or if American troops were attacked or directly endangered.

War Powers Resolution of 1973

The last time Congress exercised its constitutional power to declare war was during

World War II.

Which of the following is the most likely to involve administrative law?

a case in which John Smith alleges a regulation promulgated by the Environmental Protection Agency is invalid

Which of the following would the Supreme Court likely refuse to hear because of "mootness"?

a case involving a student suing a state-run university for discrimination in the admissions process after the student was first rejected but then later admitted to the university

In Congress, the term "whip" refers to

a party member in the House or Senate responsible for coordinating the party's legislative strategy, building support for key issues, and counting votes.

In the federal court system, each circuit court of appeals has

a range of permanent judgeships depending on the workload of the circuit.

Most cases reach the Supreme Court through

a writ of certiorari.

Of the following, which is the most important factor in bureaucracies' ability to implement laws effectively?

administrative capacity

A person, agency, or interest group not directly a party to a case but with an interest in its outcome may file a(n) ________ brief.

amicus curiae

The Council of Economic Advisers

analyzes trends to help the president anticipate economic events.

The president can influence the federal judicial process in several ways, including

appointing federal judges and issuing pardons and amnesties.

One of the major tools of bureaucratic control presidents possess is the

appointment power over political appointees atop the career civil service.

The process of allocating congressional seats among the states is called

apportionment

Which of the following best describes the job of a law clerk who works in a federal court?

assist federal judges by researching legal issues and helping prepare opinions

Imagine that you are one of the Framers of the Constitution and want to design a legislature with two chambers. Which type of legislature would that be?

bicameral

Which type of legislature has two houses or chambers?

bicameral

The main political value of the vice president is to

bring the president votes in the election that he or she might otherwise not win.

The complex structure of offices, tasks, rules, and principles that organize all large-scale institutions to coordinate the work of their personnel is

bureaucracy

In 2014, a Department of Veterans Affairs audit and FBI investigation of the Veterans Health Administration found that over 120,000 military veterans were left waiting or never got appointments for health care. The scandal is an example of

bureaucratic failure.

Under the rules of the U.S. Senate, the introduction of new amendments

can be stopped only by unanimous consent.

If a state government makes a formal request that the president deploy federal troops, the president

can refuse to send federal troops at his or her discretion.

Since 2017, the Senate filibuster

cannot be used against any presidential appointments to the judiciary.

The Senior Executive Service provides an opportunity for

career civil servants and sometimes individuals from outside of the government to pursue managerial positions in the bureaucracy.

The rules of access to federal courts can be broken down into three major categories:

case or controversy; standing; and mootness.

When Democrats gather in the House to elect their House leaders every two years, this is called a

caucus

The "nuclear option" refers to a

change to the filibuster rules enacted in 2013 that prevents the filibustering of nominees for positions in the executive branch and the federal courts.

Impeachment offenses are

charged by the House and tried in the Senate, with the Chief Justice presiding and a two-thirds vote needed for conviction.

In 2019, Democrats impeached President Trump on

charges that he sought to pressure the Ukrainian government into investigating Joe Biden and his son.

A provision by the House Rules committee limiting or prohibiting the introduction of amendments during debate is called a

closed rule.

When Republicans gather in the House to elect their House leaders every two years, this is called a

conference

The size of the U.S. Supreme Court is set by

congress

All of the people living in a congressional district are the ________ of their member of Congress.

constituency

A member of the House of Representatives that helps a constituent apply for Social Security benefits is engaging in

constituency service.

Suppose a defendant is convicted at trial but believes that the judge made an error that impacted the decision. She would first ask her case be tried again at ________. If she were to lose at that court, she could still try again, if her argument were accepted, at the ________.

court of appeals; supreme court

Federal courts oversee the bureaucracy by

creating an arena in which individuals or groups who are affected negatively by regulations can bring lawsuits.

In what type of law is the government always the plaintiff?

criminal

Cases in which the government charges an individual with violating a statute enacted to protect public health, safety, morals, or welfare fall under

criminal law.

The Senate and House Appropriations committees are important because they

decide how much funding various programs will receive and how the money will be spent.

The House Rules committee is important because it

decides the order in which bills come up for a vote on the House floor and determines the specific rules that govern the length of debate and opportunity for amendments.

Which of the following is least likely to influence the thinking of federal judges?

decisions of state courts

Since 1950, the number of employees who work in the federal bureaucracy has ________ and the number of employees who work in both state and local government has ________.

decreased; increased

A member of Congress who votes according to the preferences of his constituency is called a

delegate

If a member of Congress always votes according to the interests of the majority of her constituency, what kind of representation best describes her behavior?

delegate

If the increased number of women in Congress makes it more likely that Congress passes laws to guarantee that women get paid as much as men for their work, which type of representation best describes this scenario?

descriptive

Which sort of representation is based on the principle that if two individuals are similar in background, character, interests, and perspectives, then one could correctly represent the other's views?

descriptive

If a legislative body was composed of 10% Latinos and 80% males in a state whose residents were 35% Latino and 50% male, the legislative body could be said to lack

descriptive representation.

Executive agreements are part of a president's ________ powers.

diplomatic

Trial courts in the federal judicial system are called

district courts.

Executive agreements differ from formal treaties in that they

do not have to be approved by two-thirds vote of the Senate.

In a roll-call vote,

each legislator's yes or no vote is recorded.

Oversight can best be described as the

efforts of Congress to supervise the manner in which its laws are implemented by the executive branch.

An emergency declaration relating to foreign threats allows the president to

embargo trade, seize foreign assets, and prohibit transactions with whatever foreign nations are involved.

In 2015, the Environmental Protection Agency charged Volkswagen with cheating on emissions tests of its diesel vehicles. This is an example of bureaucratic

enforcement

Three components of presidents' "administrative strategy" have been

enhancing the power of the Executive Office of the President, increasing White House control over the federal bureaucracy, and expanding the role of executive orders and other instruments of direct presidential governance.

The Civil Service Reform Act of 1978 set up new agencies and processes to

ensure that the recruitment and promotion of civil servants remained merit based.

The merit system

ensures that civil service jobs are awarded to individuals who are qualified for the job and protects them from political interference after they are hired.

The bureaucracy's hierarchical structures and standardized procedures are intended to foster

equal treatment of citizens.

In order to get around the need for Senate approval of treaties, many contemporary presidents have made use of ________ in foreign affairs.

executive agreements

Which of the following employs the vast majority of the federal civilian workforce?

executive departments

When President Obama prohibited federal agencies and contractors from discriminating against transgender employees, it was an example of a(n)

executive order.

One of the main resources and distinguishing characteristics of the federal bureaucracy is

expertise

When the president grants a pardon to someone convicted of a federal crime, this is an example of using one of their ________ powers.

expressed

A closed or an open rule refers to congressional provisions regarding

floor debate on a bill.

Congress has assigned federal court jurisdictions on the basis of

geography

Since 1950, compared with the entire workforce, the number of federal employees has

gradually declined.

The role that the U.S. House of Representatives plays in impeachments can best be compared with that of a

grand jury.

Presidential spouses are an important resource for the president in order to carry out the duty of

head of state.

In modern democracies, courts made up of judges and juries

hear the facts on both sides of a case and apply relevant law or constitutional principle to decide which side has the stronger argument.

The main difference between inherent and implied powers is that

implied powers can be traced to the powers expressed in the actual language of the Constitution while inherent powers derive from national sovereignty.

The assignment of the opinion in a Supreme Court case is

important because differences in wording and emphasis can have important implications for how the decision is interpreted in future litigation.

An overwhelming majority of court cases in the United States are heard

in state courts.

Cases ________ are NOT part of the original jurisdiction of the U.S. Supreme Court.

in which more than $1 million is at stake

The Freedom of Information Act is designed to

increase bureaucratic transparency and oversight of the executive branch.

One cause of party unity voting in recent Congresses is

increased polarization.

Holding the political office for which one is running is known as

incumbency

Senator Mitch McConnell is running for re-election; this means the senator is a(n)

incumbent

Which of the following is usually run by a small group of individuals appointed by the president for fixed terms?

independent regulatory commissions

When President Lincoln issued a series of executive orders for which he had no clear legal authority during the start of the Civil War, it illustrated the

inherent powers of the presidency.

When President Lincoln raised an army after the fall of Fort Sumter despite having no clear legal authority to do so, it illustrated the

inherent powers of the presidency.

Senators' longer terms of office, and larger, more heterogeneous constituencies makes them more

insulated from the pressures of individual, narrow, and immediate interests.

The jurisdiction of standing committees

is defined by the subject matter of legislation, which often parallels the major cabinet departments or agencies.

The Office of Management and Budget is important because

its personnel assist with overseeing regulatory proposals and preparing the national budget.

Though used at times by justices on both sides of the partisan divide, which judicial philosophy posits that the Court should go beyond the words of the Constitution or a statute to consider the broader societal implications of its decisions?

judicial activism

Though used at times by justices on both sides of the partisan divide, which judicial philosophy refuses to go beyond the clear words of the Constitution in interpreting the document's meaning?

judicial conservatism

Through the exercise of ________, the Supreme Court has held actions or laws of the executive and legislative branches unconstitutional.

judicial review

The Supreme Court explains its decisions in terms of

law and precedent.

The president plays a major role early in the lawmaking process though the use of

legislative initiatives.

One of the most important ways Congress can check presidential control of the bureaucracy is by

limiting the president's ability to remove agency officials.

Which of the following areas is least related to the official jurisdiction of federal courts?

local ordinances

Which of the following characteristics is Congress least likely to give to an agency in order to increase its independence from politics?

location in an executive department

Gerrymandering refers to the

manipulation of electoral districts to serve the interests of a particular group.

Recent congresses are ________ polarized than other congresses within the last century.

more

One advantage of seniority in Congress is that it makes it

more likely to get leadership in a committee.

The practice of referring a bill to more than one committee for consideration is called

multiple referral.

In general, presidents

must state the constitutional or statutory basis for their use of executive orders.

Historically, the power of the federal courts was subject to a number of limitations. One such limitation is that courts are "passive" institutions in that they

must wait until a case is brought to them before they can make authoritative decisions.

The powers of Congress have declined dramatically in which of the following areas over the last 50 years?

national defense and the federal budget

Congress designed inspectors generals to be

nonpartisan, independent organizations which investigate bureaucratic activities.

Emily Green seeks to file a class action lawsuit in federal court alleging that, as taxpayers, she and other citizens are concerned about the government's failure to protect the environment. The lawsuit would likely

not be heard by the court because Emily lacks standing.

If a defendant is found not guilty in a criminal case, the government is

not entitled to appeal the verdict.

One way the majority leader and minority leader in the Senate exert power is through control

of the calendar.

In a typical tort case,

one individual charges that he or she has been injured by another's negligence or malfeasance.

A provision by the House Rules committee that allows debate and the addition of new amendments to a bill is called a(n)

open rule.

In ________, an attorney for each side appears before the Supreme Court to present her client's position and answer the justices' questions.

oral argument

One example of ________ is the fact that a lawsuit filed by Washington against Nevada over river pollution goes directly before the Supreme Court.

original jurisdiction

In 2017, Democrats called for investigations into allegations that Trump's campaign had colluded with Russian operatives to help him win in the 2016 election. This is an example of which power of Congress?

oversight

The 2014 Select Committee on Benghazi is an example of Congress's

oversight powers.

Imagine that there is a roll-call vote on a bill on Medicare in the Senate and 50% of Republicans vote against it and 50% of Democrats vote in favor. This is known as a(n)

party unity vote.

Joint committees are

permanent, but do not have the power to present legislation

In court cases the ________ is the party that brings charges and the ________ is the party accused of a violation of the law.

plaintiff; defendant

Individuals who are selected by the president to serve in a handful of positions at the very top of the bureaucracy are called

political appointees.

If a member of Congress directs a great deal of federal funding to build dams that are not really necessary in her state but create a lot of jobs, the member of Congress is engaged in which of the following?

pork barreling

When Senator Robert Byrd steered brought federal money to build highways, dams, and government facilities to his state of West Virginia, he was doing which of the following?

pork barreling

Prior cases whose principles are used by judges to decide current cases are called

precedents

Dwight Eisenhower used ________ in 1957 to send troops to Little Rock, Arkansas, to help desegregate Central High School.

presidential emergency power

While the Constitution does not specify that presidents have the power to remove those they appointed to office from their positions,

presidents have long claimed that the power is implied by those expressed powers they have in the Constitution.

A filibuster allows members of the Senate to

prevent a vote on a bill.

Conference committees

reconcile differences between a bill passed by the House and Senate.

A presidential emergency declaration

remains in force for only one year unless it is renewed by the president.

The mission of the National Performance Review was to

reorganize the federal bureaucracy to make it more efficient, more accountable, and less wasteful.

Congressional leaders form ________ committees when they want to take up an issue that falls between the jurisdiction of existing committees, to highlight an issue, or to investigate a particular problem.

select

The Senate Watergate committee of 1973 is an example of a ________ committee.

select

In addition to pressuring members of Congress to vote a certain way on a bill, interest groups also have substantial influence in

setting the legislative agenda.

A U.S. senator has a ________-year term.

six

In District of Columbia v. Heller, the United States Supreme Court held that the District of Columbia's handgun ban was an unconstitutional violation of the Second Amendment. In writing the majority opinion, the late Justice Antonin Scalia looked predominantly to the words of the Second Amendment of the Constitution in interpreting its meaning. This judicial philosophy can be described as

strict construction.

The kind of representation that takes place when constituents have the power to hire and fire their representatives is called

substantive representation.

The power of the Supreme Court to review state actions and legislation is implied by the

supremacy clause of Article VI of the Constitution.

Over what policy areas does the House Ways and Means Committee have jurisdiction?

taxes, trade, and entitlement programs

Conference committees are

temporary, involve members from both houses of Congress, and are charged with reaching a compromise on legislation once it has been passed by both the House and the Senate.

The "sophomore surge" refers to the

tendency for candidates to win a higher percentage of the vote when seeking future terms in office.

In 2019, the Supreme Court made which ruling on gerrymandering?

that it was a political question beyond the reach of the federal judiciary

Race became a major factor in drawing congressional district lines as a result of

the 1982 amendments to the 1964 Civil Rights Act.

Which congressional staff agency assesses the economic implications and likely costs of proposed federal programs?

the Congressional Budget Office

Which of the following would be an example of how federal bureaucrats make rules while engaging in implementation?

the Environmental Protection Agency requiring that, under the Clean Air Act, the average fuel economy for new vehicles must be at least 35.5 miles per gallon

Who is a member of the National Security Council?

the Secretary of Defense

What did the framers call the "least dangerous branch" of American government?

the Supreme Court

The framers gave the power to introduce "money bills" to the House of Representatives but not the Senate because they believed that

the chamber closest to the people should exercise greater authority over taxing and spending.

The president's military powers can best be observed in their role as

the commander in chief.

If a man is arrested because his home was searched by police without a legal warrant, he could argue in court that he had been denied

the due process of law.

Congress's tendency in recent years to give executive agencies fewer clear guidelines for implementing laws is the result of

the greater scope and complexity of the tasks that the federal government has undertaken.

Who has the most real power in the Senate?

the majority and minority leaders

The president pro tempore of the Senate is usually

the majority party member with the greatest seniority.

Who elects the minority leader?

the minority party

Once the president has formally nominated an individual for a federal judgeship,

the nominee must be confirmed by a majority vote in the full Senate.

The Senate's constitutional power of advice and consent extends to which of the following?

the president's power to make treaties with foreign nations

When filing an appeal, an appellant usually must show

the trial court made a legal error in deciding the case.

If a president claimed that he possessed the authority to execute acts of Congress according to his own understanding of the law and the nation's interests, he would be operating under the theory of

the unitary executive.

A major risk of the delegate model of representation is that

the voices of only a few active and informed constituents will be heard because most people do not pay close attention to every issue.

A subcommittee is helpful for members of Congress because

they specialize in particular aspects of the committee's work.

What is the primary constitutional task of the vice president, besides succeeding the president in case of death, resignation, or incapacitation?

to cast tie-breaking votes in the Senate

Before the Pendleton Civil Service Reform Act of 1883, government appointments were made

to political supporters as part of a spoils system.

Medical malpractice suits are good examples of ________ cases.

tort

The role that the U.S. Senate plays in impeachments can best be compared with that of a

trial jury.

A Senator who votes based on what she thinks is best for her constituency is called a

trustee

What is required for Congress to override a presidential veto?

two-thirds vote of both houses of Congress

The idea that all executive power inheres in the president except as explicitly limited by the Constitution is called the

unitary executive theory.

Federal employees who report wrongdoing within agencies are often referred to as

whistleblowers

Which of the following are the most salient three factors related to the American electoral system that affect who is elected to office?

who decides to run for office, incumbency, and the drawing of district lines

Agencies like the Departments of State, Department of Defense, and Homeland Security

work to maintain national security and protect American interests at home and abroad.