gov 1-3 notes

Pocket vetoes can be overridden by Congress.

All of the following statements about presidential vetoes are correct EXCEPT:

The Declaration of Independence

Drafted by Thomas Jefferson -helped by John Adams and Benjamin Franklin

must be contiguous

Boundaries drawn with a single line.

Controlling an executive agency's annual budget

Congress is most likely to exert oversight of the executive bureaucracy in which of the following ways?

Weakness

Congress lacked strong and solid leadership - there was no President

increasing presidential control over the legislative process

The expansion of the executive branch since 1939 has affected the separation of powers by

passing bills of attainder or ex post facto laws

The first amendment prevents the federal government from doing all of the following EXCEPT

Weakness

There was only one vote per state, regardless of its size

Federalist No. 70: How far can the ingredients be combined with those other ingredients which constitute safety in a republican sense

combine with due dependence on the the people and due responsibility

committees

congress is further organized into different layers of.... ⦁Where much of the work of Congress is done. ⦁Congress considers a wide range of issues and bills.

A body of law that grows and changes from age to age, in order to meet the needs of a changing society and judges who determine those needs and find changing law is defined by Justice Scalia as a. a constitutional interpretation defined as substantive value choices b. constitutional interpretation called Living Constitution c. constitutional interpretation defined as active liberty d. a constitutional interpretation called democratic theory.

constitutional interpretation called Living Constitution

Electoral College

created to choose "distinguished character"

ways and means

Which of the following committees plays a major role in the House in shaping tax policy?

Washington warns of Dangerous Party Factions

Which of the following newspaper headlines best summarizes the excerpt from Washington's Farewell Address?

Education

Which of the following policies involves more state spending than federal spending

independent judiciary

-Insulated from popular control -federal judges appointed by the president -confirmed by the senate -serve for life -removed only through impeachment process

1964 Civil Rights Act upheld by supreme court

-forbade discrimination in places of public accommodation -restaurants -hotels -congressional power to regulate interstate commerce

Shay's Rebellion

-frustrated Massachusetts farmers losing land to foreclosure -couldn't pay debts in hard currency -demanded end to high taxes and increased circulation of money

The Connecticut (Great) Compromise

-most divisive issue was representation -took ideas from both the Virginia plan and New Jersey plan

Federalist No. 70: what is the main argument

argues for a strong executive leader because energy in the executive is the leading character in the definition of good government

safeguarding individual rights

avoiding tyranny means

both chambers make use of a system of majority and minority whips

which of the following is true according to the diagram?

Borrowing

5-9% of all federal funds go to paying interest on the debt ($14.7 trillion). ⦁Servicing the debt depends on interest rates. ⦁If interest rates rise, so do debt payments.

Social Security Tax

6.2% of the first $106,800 of earnings paid by both employers and employees.

they are appointed for life and can only be removed by impeachment

which of the following is true of federal judges?

(fed 10) According to Madison, why is a large republic better than a small republic at controlling the influence of factions?

According to Madison, in a large republic it will be difficult for unworthy candidates to be elected.

Three-Fifths Compromise

Addressed representation in the House of Representatives

The New Jersey Plan

Addressed smaller states concerns with representation based on population

The Congressional Review Act of 1996

Congress may review new federal regulations. ⦁Within 60 days Congress can pass a joint resolution of legislative disapproval. ⦁Must also be signed by the president. ⦁Without presidential signature, must have 2/3 majority

Quiz 1: Federalist

...

No line-item veto

Can't veto portions of a bill

elite democracy

Emphasizes limited participation in politics and civil society

Medicare

Employees pay 1.45% tax on total annual income. ⦁Employers match amounts withheld from their employees' paychecks.

10. According to the Federalist #51, auxiliary precautions prevents the amass of national power due to the all of the following EXCEPT a. Separating the government into distinct branches having them have minimum overlap of each other's powers. b. Enabling the powers of the national government to check each other's powers c. Enable the states to retain power to prevent total amass of power at the federal level d.Enabling the people to directly decide the leadership and policies of the government

Enabling the people to directly decide the leadership and policies of the government

Strength

Encouraged coordination and cooperation between different states and Congress settled disputes between states

modern presidents often try to avoid legislative checks and balances on their authority

Executive agreements have been cited as evidence that

No strong central government to force states to abide by its provisions -thus by 1787 -trade between states was in decline -the value of money was dropping -potential threats from foreign enemies grew -social disorder pervaded

Greatest weakness in the articles of confederation

methods of proposal

Formal amendment process: -2/3 vote in both houses -national constitutional convention -requested by 2/3 of state legislatures -called by congress - never been used

(Fed 51) which branch of gov is the most powerful?

Legislature

open rule

Less strict time limits. ⦁Permits amendments form the floor.

politico model

Members act as delegates or trustees depending on the issue

Instructed Delegate Model

Members of Congress cast votes that reflect the majority of their constituents. ⦁AKA: Representational View ⦁More likely to vote with constituents on civil rights or social welfare. ⦁Less likely to vote with constituents on foreign policy issues.

constituents

Members of Congress have to keep their ................. in mind when they vote. ⦁This happens approximately 2/3 of the time because of the need to be re-elected.

John Locke's second treatise of civil government advocates

Natural rights

remained constant

Number of federal employees has ........... since 1950

increased

Number of state and local employees has steadily ........... since 1950. o Gap widened due to Block Grants. ▪ Resources shifted from federal to state/local governments. o Federal Mandates have also shifted responsibility to states. ▪ Civil Rights Act of 1964 ▪ Medicaid ▪ No Child Left Behind

Gerrymandering

So influenced by politics that it produces a district with a strange shape.

Federalist No. 78: What is fundamental law

The Constitution

be the leader of his/her political party

The Constitution does not dictate that the president

independent agencies

The National Aeronautics and Space Administration (NASA) and the Environmental Protection Agency (EPA) are examples of

Weakness

The National Government did not have the independent power to tax.

A series of compromises on various questions

The U.S. constitution resulted from

Power

The ability of one person to cause another person to act in accordance with the first person's intentions.

Appropriations

The actual amount available in a fiscal year for each authorized program

Strength

The authority to declare war and make peace

divided government

The government depicted above is best described by which of the following terms?

clearly defined authority and responsibility for each branch

The importance of the separation of powers in the American Government system is

Declaring laws & executive orders unconstitutional

The judicial branch's primary power in the checks and balances system is

Slow and deliberate in the law-making process

The legislative process at the national level government reflects the intent of the framers of the constitution to create a legislature that would be

What is the main topic of Federalist 10?

The main topic of Federalist 10 is that a well constructed Union can stop or manage the negative effects (like violence) that can arise from factions.

Democracy

The rule of the many.

iron triangles

The rule-making process has fostered the creation of

White House staff

The senate must confirm all of the following presidential appointments EXCEPT

Federal law takes precedence over state law when the laws conflict

The supremacy clause in the Constitution states that

fire and replace federal judges

To influence policy making by the federal courts the president may do all of the following EXCEPT

Chief of Staff

Top aide to the President.

Majority leader

True leader of the Senate. ⦁Selected by the majority party. ⦁Ensures that party members vote for party bills. ⦁Determines Senate agenda.

Chosen by members of state legislatures

Under the constitution prior to the seventeenth amendment, United States senators were

Chosen by members of state legislatures

Under the constitution prior to the seventeenth amendment, united states senators were

Marxist View

View that the government is dominated by Capitalists.

Federalist No 10: How does Madison define a faction

a group of citizens who are united by a common interest that is harmful to the right of others/ the community

Justice Brennan argues that the "Intent of the Framers" judicial interpretation involves all of the following EXCEPT a. an arrogance for justices to assert that they accurately understand what the Framers meant. b. a humble approach to judicial interpretation that enables the justice to know what the Constitutional Framers meant. c. Ambiguous evidence as to which specific Framer's intentions can be clearly understood. d. Confusion over whose intention was relevant to the question being reviewed by the justices

a humble approach to judicial interpretation that enables the justice to know what the Constitutional Framers meant.

filing for a discharge petition

a member of the house of representatives has introduced a bill to raise the minimum wage, but it has been in committee for 36 days and is unlikely to make it to the floor. which of the following is the best course of action for the representative to take to get a vote on the bill?

The framers of the Constitution intended to establish

a representative republic

A republic is

a state with an elected government. Many governments could fit this definition as long as the rulers are elected—not monarchs or dictators. Classic example: Rome (where only the wealthiest citizens could vote)

Dual Federalism

a system where national and state governments remain supreme within their own spheres

Overall, Justice Brennan believes that justices of the Supreme Court should a. address contemporary issues and what the Constitution means today. b. look at the Constitution, its original development, and decide issues based on that development. c. support the beliefs of the majority and the people's influence d. should never believe that the Constitution is adaptable

address contemporary issues and what the Constitution means today

Federalist No. 51: What is the best way to keep the powers of government properly separated among branches in practice

all appointments of officials should come from the people via channels that have no communication with one another

the national government exercises its power independently from state governments

all of the following are characteristics of marble cake federalism EXCEPT

Judicial Review

all of the following are specifically mentioned in the constitution EXCEPT

"Riders"

amendments that are irrelevant to the bill

unfunded mandates

an alternative developed by the federal government that places primary fiscal responsibility on the states was

federal system

balanced order and freedom -Assigned powers to the national government -Reserved powers for the states

the role of the minority leader in both the house of representatives and the senate is to coordinate a strategy for the minority party

based on your knowledge and the diagram, which of the following is true regarding the leadership structure of congress?

Brutus 1: Why is ratification the most important question that any person has had to decide

because it will either lay a lasting foundation of happiness or destroy liberty and prosperity

The constitutional convention sought to replace the articles of confederation because they

did not have the ability to tax and provide for the common defense

(fed 10) factions

different groups of people with varying interest ex: slaveholders

"wedge issues"

drive a "wedge" between voters. ⦁Same-sex marriage ⦁Insurance coverage for contraceptives ⦁Flag burning. ⦁1960's: Southern lawmakers vs. civil rights legislation. ⦁Current: Standing for the Anthem

direct democracy

each citizen has direct input on the outcome,

participatory democracy

emphasizes broad participation in politics and civil society

whip

ensure party unity on important issues. ⦁Elected by party members in caucuses. ⦁Go-between members and leadership

Federalists

favored a strong national government -weaker state governments -promised to add amendments protecting individual liberties

anti-federalists

favored stronger state governments -weaker federal government -called for a bill of rights to protect individual liberties

According to Justice Scalia, a textualist should do all of the following EXCEPT a. interpret the Constitution within a reasonable, permissible range considering the written words of the text. b. interpret the Constitution within the scope of it being followed as the rule of law. c. not place overly broad meanings to the words in the Constitution. d.follow a strict constructionist standard and not interpret the Constitution with any amount of reason.

follow a strict constructionist standard and not interpret the Constitution with any amount of reason.

majorities could abuse their power

framers feared -sought to avoid "excessive democracy" -fear of the power of the masses

Federalist No 10: What aspects of a republic make it prone to factions, but less susceptible than a democracy

give responsibility to smaller number of citizens, there are a greater number of citizens and more diverse interests

lower house

house of representatives -interests of the people by population

Federalist No. 51: Why is framing a good government made difficult by human nature

human nature is problematic and is faulty

block grants

made for broadly defined purpose

majority and minority party

power is divided between

levy an income tax

the 16th amendment gives congress the power to

Federalist No. 70: What are the ingredients that constitute energy in the executive

unity, duration, an adequate provision for its support, and competent powers

economics

what was behind the major flaws of the articles?

tax rates for wealthy people were lowest in 1991-1992 and highest in 1981

which of the following best describes the pattern in the chart?

Constitutional Convention 1787

"An assembly of semi-gods" -12 of the 13 states sent delegates to Philadelphia -Rhode Island legislature refused to send a delegation -mostly debtors and small farmers -opposed a stronger central government

Issuing fines to those who violate regulations.

"Quasi-Judicial"

The House Rules Committee

"Traffic cop" of the House. ⦁Controlled by the Speaker. ⦁Sets guidelines for floor debate. ⦁Each bill gets a rule. ⦁Places it on the legislative calendar. ⦁Limits debate time. ⦁Determines the types of amendments to be added. ⦁Closed Rule: strict time limits on debates. ⦁Forbids amendments from the floor. ⦁Open Rule: Less strict time limits. ⦁Permits amendments form the floor. ⦁Reviews all bills except revenue, budget, and appropriations.

Thomas Hobbes

(1588-1679) and the leviathan -people are basically corrupt and can't be trusted -government can't fix this -absolute monarchs (leviathan) granted total power to force people to comply with the general will

John Locke

(1632-1704) and the social contract theory -people are born with natural rights -life, liberty, and property -people form governments to preserve their natural rights -government, therefore, exists based on the consent of the governed. -government is a contract in which rulers promise to protect the people's natural rights -if a government violates their rights, citizens have the right to replace them

Charles de Montesquieu

(1689-1755) and separation of powers -legislative, executive, and judicial branches -divided authority would protect rights -prevents one branch from controlling entire society

Jean-Jacques Rousseau

(1712-1778) also favored a social contract -power in the state does not lie in a ruler -instead it lies with the consent of the people -rulers serve the community -rulers who fail to carry out he peoples will should be removed

Fiscal policy

(Congress) refers to taxing and spending. ▪ Both executive and legislative branches share responsibility for fiscal policy.

Monetary policy

(The Fed) refers to the money supply and interest rates

The Bill of Rights

-1789: Madison proposed 12 constitutional amendments in the first congress -restrained the national government from limiting civil liberties -10 were ratified in 1791 -another, regarding congressional salaries, was ratified 201 years later as the 27th amendment -thus, the first ten amendments prevent the federal government from infringing on a range of civil liberties -freedom of speech, of the press, religion and assembly

Office of Personnel Management (OPM) 1979

-Administers civil service laws and regulations. -Handles hiring for most federal agencies.

1985: omnibus Budget Reconciliation Act

-Authorized the government to deny income tax deductions for employer health plans that did not offer employees the option of keeping their health insurance after leaving the job -the commerce clause was used to justify this law

Insulated Senate

-Check against irresponsible majorities in the House of Representatives -senators selected by state legislatures (originally) -Changes in 17th amendment -Direct election by popular majority began in 1913 -six-year terms (staggered) made it more resistant to popular pressures -House's two-year terms more reflect popular passions

Reasons Implementation can break down

-Conflicting Goals ▪ Faulty Program Design ▪ Lack of Financial Resources ▪ Fragmentation of Responsibilities ● EX.: Prior to the creation of the Office of Homeland Security in 2001, 46 federal agencies handled counterterrorism

Congress and the President

-Congress makes law, but president has veto power -Congress can override a presidential veto -2/3 vote in each house -The president negotiates treaties -Must be ratified by the senate

Shay's Rebellion

-Daniel shays led more than 1000 farmers -formers soldiers of the continental army -forced several judges to close their courts

Pardon

-Legal forgiveness of a crime. ⦁1974: President Ford pardoned Nixon for Watergate crimes.

Appointing Supreme Court Justices

-Presidents select justices with judicial philosophies similar to their own interpretation of Constitutional questions. ⦁Nominees must be confirmed by the Senate.

The U.S. Constitution

-Prohibits the suspension of habeas corpus -Prohibits congress or the states from passing bills of attainder -prohibits congress or the states from passing post ex facto laws -upholds the right to trial by jury in criminal cases -prohibits imposition of religious qualifications for holding offices

Three-Fifths Compromise

-Southern position: wanted slaves included in population numbers for representation -not in calculation of taxes -northern position: some detested slavery -others questioned how property could be a rule of representation

Checks and Balances

-Three branches not entirely separate or independent -elaborate system designed to check power with power -safeguard against tyranny -Restrain irresponsible majorities

The Connecticut (Great) Compromise

-bicameral legislature -1st house: House of Representatives (Virginia) -number of representatives based on population -representatives directly elected -2nd house: senate (New Jersey) -states given equal votes -elected by state legislatures

powers denied to state governments

-can't make treaties with foreign countries -can't declare war -can't maintain a standing army -can't print money

powers denied to the federal government

-can't regulate commerce in a way that would favor one state over another -can't impose export taxes

powers denied to both federal and state governments

-can't suspend writs of habeas corpus -protection against illegal imprisonment -can't pass a bill of attainder -law declaring an act illegal without a judicial trial -can't pass ex post facto laws -making an act a crime even if the action was legal at the time it was committed -Can't grant titles of nobility

Shay's Rebellion

-national government had no resources to help -private money created a militia to end the rebellion -strength of protestors terrified political and business leaders -armed mob had stopped business activities -no way to disperse them -strong central government became necessary -maintain Order -protect property -promote commerce

New Jersey Plan

-sought to strengthen the articles, not replace them -sought equal representation in Congress -unicameral legislature -one vote for each state -representatives chosen by state legislatures -congress given the power to raise revenue -duties on imports -postal service fees -creates Supreme Court -members appointed for life by the executive officers

Marbury v. Madison

-the supreme court claimed the power to decide the constitutionality of executive or legislative action -chief justice John Marshall gave the judiciary more power than was previously written in the constitution

The articles of confederation

-unicameral Congress -each state had one vote -did not establish executive or judicial branches -congressional committees handled those functions

Both Justice Scalia and Justice Brennan fear a. that the living Constitution will degrade the democratic process. b. that unelected judges will rely on the legislatures to make judicial decisions. c. that the evolving standards of decency in constitutional interpretation is no longer being applied d.that the rights of the minority will be abused at the hands of justices' interpretations.

. that the rights of the minority will be abused at the hands of justices' interpretations.

Quiz 2: Brennan Reading "Constitutional Interpretation" and "The Judiciary: How Should It Interpret the Constitution?"

...

Under the Articles of Confederation, which of the following were true? 1. Congress could not tax the states directly 2. The executive branch of government exercised more power than congress 3. Congress was a unicameral body 4. States were represented in congress proportionally according to population

1 and 3

Federalist No. 1 :What are the 2 things mentioned that can be done to eliminate factions and why does Madison reject them

1. destroying liberty: liberty is essential to healthy nation and destroying it would be devastating 2. everyone has the same interests: it is impracticable because everyone will always have different opinions

Federalist No. 51: What are two possible sources of oppression and their remedies

1. oppression of rules from from another ruler/faction --> create a will independent of the majority 2. faction hurting the minority --> render a majority unable to be formed

Flaws in the articles of confederation

13 independent states meant 13 independent agendas

The enlightenment

18th century philosophical movement began in Western Europe with roots in the scientific revolution

Minority-Majority Districting

1982, Congress amended the Voting Rights Act. ⦁Encouraged states to create districts with heavy minority concentrations. ⦁Allows more minority candidates to get elected. ⦁1990 census, many states redrew congressional districts. ⦁Increased African American representation by 50%, Hispanic by 70%. ⦁Some were redrawn in bizarre shapes

federalist papers

85 essays written to support ratification of the constitution by James Madison, John Jay and Alexander Hamilton

Features of the bureaucracy

A bureaucracy is a large, complex organization of appointed officials. o Currently, our federal bureaucracy has more than 4 million employees. ▪ All aspects of federal government operation. ● Agencies, People, Procedures ➢ Responsible for implementation of executive and legislative programs. o Considered part of the executive branch. ▪ Responsible for executing laws. ▪ Expected to be impartial. ● Function above partisan politics and ensure laws are administered without prejudice.

Budget

A financial plan for the use of money, personnel, and property.

The articles of confederation

A firm "league of friendship" informally followed from 1776 to 1781 -13 sovereign (independent) states within a confederation -weak national government -each state retained "its sovereignty, freedom, and independence."

Direct (participatory) Democracy

A government in which all or most citizens participate directly

Representative Democracy

A government in which leaders make decisions by winning a competitive struggle for the popular vote.

8. In federalist #51, man is said to be ambitious and no angel. Thus, what must be created to counteract the ambitious, non-angelic man? a. A government that is in absolute power. b. A government that is separate and limited c. A government that can check the powers of the other government. d. A government that has internal limitations to prevent the abuses of the ambitious system.

A government that has internal limitations to prevent the abuses of the ambitious system.

enumerated powers

A list of specific things Congress can do. ⦁Economic: Passing a federal budget, raising revenue, and coining money. ⦁Providing for the common defense: Declaring war, and maintaining the armed forces.

Nominating a high-level campaign fund-raiser to serve as an ambassador to New Zealand

A new president has been elected and has a number of positions to fill within the federal bureaucracy. Which of the following is an example of filling a position based on political patronage?

regulatory policy

A policy that sets emission standards for automobiles is an example of

Power Elite

A political theory espoused by C. Wright Mills which holds that an elite of corporate leaders, top military officers, and key political leaders make most political decisions.

Strength

A postal service, admiralty courts, and coin money was established

Welfare reform

A prominent example of the process of returning more of the responsibilities of governing from the national level to the state level is

the required ratification by three-fourths of the states is cumbersome and time-consuming

A recurring issue regarding the process of amending the constitution has been that

Dual Federalism

A system where national and state governments remain supreme within their own spheres. -National Government: Foreign Policy -State Governments: Create and maintain public schools. -Often called "Layer Cake" federalism. -System of federalism before the 1930s. -Ended with the Great Depression.

Excise Taxes

A tax on Manufacture, sale, or consumption of a good or service -Federal excise taxes are currently imposed on the sale of gasoline, tobacco, alcohol, airline tickets, and other goods and services. ⦁Generate approximately 2.7% of the federal tax revenue.

A person's right to know the reasons for his or her imprisonment

A writ of habeas corpus refers to

Andrew Jackson and the Spoils System

AKA the patronage system. o "To the victor belong the spoils." o Andrew Jackson awarded federal posts to party loyalists. ▪ Reward for working toward victory. ▪ Incentive to keep working for the party. ▪ More participation by middle and lower classes. ● They owed their job to the president.

Three-Fifths Compromise

All "free persons" and "three-fifths of all other persons" should be counted -same formula used to determine taxation -temporarily defused north/south tension

Debt

All money owed by the federal government. ⦁Sum of multiple budget deficits

2. Why are the supporters of the Constitution so concerned with factions? a. Because these groups are self-interested and could destroy minority protections. b.. Because these groups are created naturally and cannot be prevented from developing. c. Because these groups cause oppression and could destroy important natural rights such as property. d. All of these are reasons the supporters of the Constitution are concerned with factions.

All of these are reasons the supporters of the Constitution are concerned with factions

Strength

Allowed formation of new states

much different

Although the original checks and balances exist, the executive today is ....... ⦁Congress dominated government until the 1930s.

The federal structure of American government

Amendment procedures illustrate ............ -requires support of supermajorities in both congress and the states

What type of government is the USA?

America has been a republic from the beginning, because some of the people could vote for representatives who governed. It has become more democratic over time, by extending the power of the vote to more and more people, from non-landowning white men, to black men, to women. The US is now a democratic republic or representative democracy.

The Declaration of Independence

An argument for why the colonists should break from Britain -used enlightenment principles to support claims -provided a foundation for popular sovereignty -used Locke's social contract theory to argue for independence -listed grievances against the king -established 13 "free and independent states"

Habeas Corpus

An order to produce an arrested person before a judge.

Weakness

Any changes to the Articles required a unanimous vote (all people agreeing) leading to long delays in implementation

-Declare War -Regulate Interstate and international Commerce -Tax and Spend -Coin money -Conduct foreign relations -Raising an army and a navy

Article 1, section 8, specifically lists 18 separate clauses that enumerate 27 powers to congress

-Commander in chief -Make Treaties -Appoint Ambassadors -Appoint Judges

Article 2, section 2 assigns the president several expressed powers

"the judicial power of the United States"

Article 3 grants ............ to the supreme court

There can be no religious qualifications to hold office

Article 6 says

self-government

Article V's amendment process came from debates about what during the convention?

General Accountability Office (GAO)

Audits money spent by executive departments. ⦁Formerly known as General Accounting Office. ⦁Investigates agencies and policies. ⦁Ensures legislative intent of laws is being followed. ⦁Measures policy effectiveness.

Changes in entitlement spending put pressure on discretionary spending

Based on the information in the line graph, which of the following is most likely the implication of entitlement and defense spending as a portion of the federal budget

Department of Education (ED, DoED)

Became Cabinet-level in 1980. o Establish policy for, administer and coordinate most federal assistance to education. o Collect data on US schools. o Enforce federal educational laws regarding privacy and civil rights.

7. According to Federalist #10, the federalist (division of power between the state and the federal government) system also provides for a better government a. Because the national government will have the dominant power not allowing control at the state level. b. Because the demands of the national society will be met at the federal level and the local concerns and demands will be met at the state level. c. Because the federal government will only have the power given to it by the states. d. Because the power of factions will begin in one state and spread to another state thus limiting the faction's power.

Because the demands of the national society will be met at the federal level and the local concerns and demands will be met at the state level.

Department of Transportation (DOT)

Began in 1967 to oversee national infrastructure and travel. o Federal Aviation Administration (FAA) o Federal Highway Administration (FHWA) o Federal Railroad Administration (FRA)

full committee

Bills approved by subcommittee return to ........................ ⦁Members edit or add items. ⦁Committees then reject the bill or send it to the House or Senate floor. ⦁Sequential Referral: Sometimes parts of a bill are sent to multiple committees. ⦁Utilizes committee expertise.

"The Hopper"

Bills are "dropped" into a box on the clerk's desk.

The U.S. has a system of divided supervision of the federal bureaucracy.

Both the executive and legislative branches exercise authority. ▪ Creates checks and balances. ▪ Allows agencies to play one branch against the other.

Discretionary Authority

Bureaucratic power to execute policies. ● Congress passes big laws, but leaves the implementation details to the bureaucracy. o Daily decisions to execute laws. ● Congress usually provides federal agencies with general mandates. o Allows for administrative discretion to set guidelines for a problem or situation

guidelines issued by government agencies, which provide specific details about how a policy will be implemented

Bureaucratic rule-making is best defined as

The relationship between the federal and state governments evolves over time and is flexible enough to permit new forms of interaction

By using the phrase "creative federalism" President Johnson is most likely referring to which of the following features of the American system

Presidential Coattails

Candidates from the president's party align with the president when approval is high.

Reapportionment

Census required every 10 years. ⦁Determines each state's Representatives. ⦁Seats can be reallocated following census. ⦁Effects representation and electoral votes

Unitary

Centralized system with all power in the central government -state and local governments have less power than national government -most nations in the world have this government -Great Britain -France -China

In fed. 51, what is the "necessary partitions" and why are they needed?

Checks and balances, To keep one section of the government from having too much power.

slows change

Checks and balances........ -Encourages compromise

They make it possible for the states and the national government to simultaneously exercise influence in the same areas of public policy

Concurrent powers have which of the following effects on the United States political system

They make it possible for the states and the national government to simultaneously exercise influence in the same areas of public policy

Concurrent powers have which of the following effects on the United States political system?

limit the president's authority to commit troops overseas

Congress adopted the War Powers Resolution to

The primary economic failure of the articles of confederation was that

Congress could not collect taxes

Weakness

Congress did not have the power to raise money to pay for action against border encroachments by the British and Spanish

control local pork-barrel projects

Congress enacted the presidential line-item veto primarily in order to

-obtain revenue through taxing -pay debts -coin money and regulate its value -regulate interstate commerce -establish uniform laws of bankruptcy -punish counterfeiting -establish post offices

Congress given power to

Impeachment

Congress has the power to remove the president and supreme court justices -House of representatives: Majority vote -Senate: 2/3 vote

The War Powers Resolution (1973)

Congress was fed up with President Lyndon B. Johnson's handling of the Vietnam War. ⦁Gave Congress a greater voice in overseas troop commitments to hostile situations. ⦁Though Nixon vetoed it, Congress overrode the veto. ⦁The president may commit troops only with Congressional approval, or in the case of attack. ⦁The president must notify Congress within 48 hours of committing troops to foreign soil. ⦁The president must withdraw any troops within 60 days if Congress fails to declare war

impose workplace safety standards

Congress would be required to use the "elastic clause" of the Constitution to

Congressional Review

Congressional committees and subcommittees review federal agencies.

checks and balances

Congressional oversight of the bureaucracy is crucial to the system of ............ o Nevertheless, the bureaucracy can be difficult to control.

exercise some control over executive agencies

Congressional oversight refers to the power of Congress to

minimize the threat of tyranny from any one branch of government

Constitutional checks and balances, especially applied to the president, are designed to

Corporate Taxes

Corporations pay a tax that ranges from 15% to 35% of taxable income. ⦁Corporate income taxes generate approximately 12% of federal tax revenue.

Judicial Review

Courts can declare certain actions unconstitutional. ▪ Marbury v. Madison (1803)

Federal Elections Commission (FEC)

Created by the Federal Election Campaign Act of 1971. o Responsible for monitoring campaign contributions. o Provides funding for presidential campaigns with matching grants. ▪ Became more important after Nixon's Watergate scandal

Department of Homeland Security (DHS)

Created in response to terrorist attacks on September 11, 2001. o Specifically charged with protecting the U.S. from attack. ▪ Anti-Terrorism and Cyber Security ▪ Border Security and Immigration and Customs ▪ Disaster Prevention and Management

Pendleton Act (1883)

Created the federal civil service. o Spoils system became criticized over time. ▪ Allowed unqualified people to run government agencies. ▪ Used as bribes for support of elections campaigns. o Congress sought to solve these problems with the Pendleton Act. ▪ Created the federal civil service. ● Workers selected by merit. o Not party loyalty. ● Civil Service Commission o Testing program to evaluate candidates

Senatorial Courtesy

Custom where President asks for input on federal judges.

Confederate

Decentralized system with a weak central government -government has limited power over the states -U.S. began as this -united nations is an example of this

The Hatch Act (1939)

Defined bureaucrats and political support. o Can vote. ▪ Cannot actively campaign. ▪ Cannot work for parties. ▪ Cannot run for office. o Revised in 1993: Less restrictive. ▪ Bureaucrats can join political parties ▪ Can make contributions. ▪ Can display advertising. ● Buttons/Bumper Stickers ▪ Cannot run for office at any level. ▪ Cannot solicit campaign funds from subordinates. ▪ Cannot make political speeches.

12. What is the "primary control on the government"? a. The courts b. The legislature c. Dependence on the people d. The executive

Dependence on the people

Electoral College

Direct elections with results modified by population

"Going Public"

Direct public appeals. ⦁Raise public support for policy so constituents pressure on their reps to pass it.

Issue Networks

Diverse group who regularly debates pros and cons of policy issues. ▪ Policy Experts ▪ Media Pundits ▪ Congressional Staffs ▪ Interest Groups ● When issues affect many different interests

Federalism

Division of power between the federal government and the state governments -A check against a tyrannical national government and factious state governments -a balance of order and freedom -Assigned (delegated) powers to the federal government -reserved powers for the states

The articles of confederation

Document establishing the relationship of the 13 states -adopted by the continental congress in 1777 -first constitution of the United States

Weakness

Each state could issue its own paper money

Regulate intrastate commerce

Enumerated powers of the federal government include all of the following EXCEPT the power to

Securities and Exchange Commission (SEC)

Established during the New Deal in 1934. o Regulates sale of securities and the stock markets. ▪ Prevents abuses like insider trading.

Department of Veterans Affairs (VA)

Established in 1930, but not Cabinet-level until 1989. o Provides healthcare services to eligible military veterans. ▪ Disability Compensation ▪ Vocational Rehabilitation ▪ Education Assistance ▪ Home Loans, and life insurance; and provides burial and memorial benefits

The term "bicameralism" refers to the

Establishment of two legislative chambers that have different structures and rules

If we can't control factions from existing, what can we control?

Factions are inevitable, but the effects of factions can be controlled.

9. In Federalist #51, double security means a. Separation of powers. b. Checks and balances. c. Federalism - division of state and federal government or a compound republic. d. The right to vote.

Federalism - division of state and federal government or a compound republic

Development and Expansion of Presidential Power

Federalist 70: Justifications for a single executive. ⦁An energetic and forceful president is essential to good government. Article II, Section 1: "Natural -born citizen" ⦁35 years old -Youngest: Teddy Roosevelt and JFK were 43. ⦁Resident of the U.S. for at least 14 years prior to election. Term-of-office and constitutional-power restrictions demonstrate changing presidential roles. ⦁Original Constitution: 4-year terms, no limits. -George Washington set the precedent of two-term tradition. -FDR: Only president to serve more. -Great Depression: Extraordinary situation. -Died in 4th term. ⦁The 22nd Amendment (1951) -Presidents limited to 2 terms, or 10 years. -V.P. who finishes a President's term with less than 2 years remaining. The 25th Amendment (1967): Disability and Succession. -Woodrow Wilson's stroke left his wife in charge. -Eisenhower's heart attack left him incapacitated for weeks. -V.P. may become acting President. -V.P. and Cabinet agree President is disabled. -If the President disagrees, Congress decides. ⦁25th Amendment: Death and Succession -If a V.P. dies: President nominates successor. -Must be confirmed by Congress. -If a President dies: V.P. rises to office. -Nominates new V.P. -Confirmed by Congress. -Official succession: V.P., House Speaker, Senate ProTempore. -Then Secretary of State, followed by other 14 cabinet positions. -1973: V.P. Spiro Agnew resigns amidst charges of bribery. -Nixon nominated Gerald Ford to replace him. -1974: Nixon resigned due to Watergate. -Ford became President. -Nominated Nelson Rockefeller for V.P. -Both President and V.P. appointed, not elected! -First time in history.

-Congress had no means of enforcing its will -no executive branch to execute laws -feared a chief executive who would rule tyrannically -no power to tax -had to ask states for revenue -couldn't raise revenue to pay off war debts, or run the government -no centralized military power to address Shays rebellion -no judicial system to handle conflicts among the individual states -no power to regulate commerce among the states or with foreign nations -individual states attempted to enter into agreements with other countries

Flaws in the articles of confederation

Methods of Ratification

Formal amendment process: -by legislatures in 3/4 of states -by conventions in 3/4 of states

Republican Democracy

Framers created......... -representatives elected to make public policy and exercise power -filter citizens viewpoints and work on their behalf -ensures principle of the consent of the governed -specifically feared factions creating tyranny -sought to limit their negative impact

Monarchy

Framers rejected ....... -feared replicating the landed and titles system of the British aristocracy

Direct Democracy

Framers rejected ........ -unworkable due to the vast size of the new nation -fear of mob rule -citizenry making all decisions is impractical

In foreign affairs rather than in domestic affairs

Generally, when is a president more likely to get congressional approval of proposed policies?

Entitlement Programs

Guarantee a specific level of benefits to people who meet requirements set by law.

13. According to Federalist #51, in a republican government the legislature will "predominate". The remedies for that "inconvenience" are all of the following EXCEPT a. Have each chamber complete the same actions in order to check the power of each other. b. Divide the Legislature into two chambers. c. Provide the divided legislature with different modes of election d. Have the chambers connected to each other as little as possible.

Have each chamber complete the same actions in order to check the power of each other.

seniority

Historically, committee chairs are chosen by ......... ⦁Longest-serving members of the majority party with most time on the committee. ⦁Membership based on personal interests and expertise. ⦁In both the House and the Senate, Chairs are elected positions

a two-thirds vote in congress to be followed by ratification in three-fourths of state legislatures

Historically, the most used method for amending the constitution has been for

They couldn't decide so they left it to each state; if people qualified to vote in state elections than they could vote in national elections

How did the constitution resolve the problem of equality and voting?

"Pocket Veto"

If Congress is scheduled to adjourn within the 10 days the president can do nothing. ⦁This kills the bill.

Committee Action

If a bill is passed in different versions by the House and Senate, Conference Committees are formed to work out the differences. ⦁Comprised of members of the original committees. ⦁The bill is then returned to both chambers for a final vote.

a conference committee for review and compromise

If legislation passes in both the House of Representatives and the Senate but each version is slightly different, the conflicting bills are sent to?

the president

If the bill passes, it is sent to.......... ⦁10 days for consideration. ⦁Sign the bill: It becomes law. ⦁Veto the bill: It is sent back to the chamber from which it came. -Includes reasons for veto in writing. ⦁In 1996 Congress gave the president the line-item veto. ⦁Ability to veto parts of a bill. ⦁Struck down by the Supreme Court. ⦁Unconstitutional delegation of legislative authority. ⦁Congress needs 2/3 majority of both houses to override a presidential veto without his signature. ⦁Do nothing: It becomes law without his signature at the end of the 10 days. ⦁"Pocket Veto": If Congress is scheduled to adjourn within the 10 days the president can do nothing. ⦁This kills the bill.

Cloture

In 1917 Rule 22 said filibusters can be stopped only if 60 senators vote to cut off debate

Social Security

In 1935, Franklin D. Roosevelt signed the Social Security Act into law. ⦁1965: Congress added Medicare to the Social Security program. ⦁Designed to assist the elderly with medical costs. ⦁Social Security and Medicare are the most expensive programs in the federal budget. ⦁With Medicaid, they comprise about 44% of all federal expenditures. ⦁The Social Security program is threatened with demographic trends. ⦁When it began there were 25 workers for every 1 beneficiary. ⦁Today the ratio is 3.3 workers to 1 beneficiary. ⦁The "Baby Boom" generation includes 76 million people born between 1946 and 1964. ⦁As they retire the number of workers who fund Social Security will decline. ⦁Simultaneously, the number of people eligible for Social Security benefits will increase. ⦁Improved health care has increased average life expectancy. ⦁This puts additional strain on the Social Security system. ⦁AP Exam Note: Largest portion of uncontrollable spending in the budget. ⦁Food Stamps, Unemployment Insurance ⦁Veteran's Benefits ⦁Social Security, Medicare, and Medicaid make up 44% of all federal expenditures. ⦁Entitlement programs represent a formidable barrier to a balanced budget. ⦁AP Exam Note: They have devoted a number of questions to Social Security.

a single executive who can respond quickly to crises

In The Federalist 70, Alexander Hamilton states that "energy in the executive is a leading character in the definition of good government." In this statement, Hamilton is arguing in favor of the need for

18. All of the following were aspects of the new government that concerned Brutus EXCEPT a. In a large republic, the public good is sacrificed to the thousands of views b. In a large republic, the elected officials will not understand the needs and sentiments of the public and will govern at their own will and not the will of the public c. In a large republic, factions are diluted and easier to control. d. In a large republic, the heterogeneous public and diverse loyalties to their states would create a contentious, quarrelsome government

In a large republic, factions are diluted and easier to control

11. What is meant in Federalist #51 by the following statement? "Whilst all authority in it will be derived from and dependent on the society, the society itself will be broken into so many parts, interests, and classes of citizens, that the rights of individuals, or of the minority, will be in little danger from interested combinations of the majority." . a. In a republic under the Constitution, society is broken and thus a majority will not have power. Good government will not exist. b. in a republic under the Constitution, society will have so many points to try to influence government and so many different government bodies that oppressive majorities cannot be created. Good, stable governments will be the result. c. In a republic under the Constitution, minority protections will never be provided in a broken society. d. In a republic under the Constitution, power will not come from society since it is too broken and oppressive majorities are always created.

In a republic under the Constitution, society will have so many points to try to influence government and so many different government bodies that oppressive majorities cannot be created. Good, stable governments will be the result.

a single executive who can respond quickly to crises

In the Federalist 70, Alexander Hamilton states that "energy in the executive is a leading character in the definition of good government." In this statement, Hamilton is arguing in favor of the need for

The division of powers between the levels of government

In the United States political system, the term Federalism refers to

The constitution distributes power across national institutions

In what respect does the constitution address Washington's concern regarding the "spirit of encroachment" expressed in the excerpt?

It limited the importation of slaves Three fifths compromise

In what ways did the constitution deal with slavery?

joint committees

Include members from both the House and the Senate. ⦁Most are standing committees. ⦁Focus public attention on major issues. ⦁Used for communicating to the public or investigations. ⦁Generally do not send bills to the floor.

Caucuses

Informal groups of members who share similar backgrounds or interests. ⦁Meet to pursue common legislative objectives. ⦁Similar to lobby groups. ⦁Attempt to shape congressional agenda. ⦁Research and Inform. ⦁Pressure agencies to act according to their interest. ⦁Track legislation. ⦁Sometimes called coalitions, study groups, task forces, or working groups. ⦁More than 100 caucuses in Congress today.

Unwritten traditions

Informal methods of constitutional change: -constitution gives president power to nominate federal judges -senate then approves them -senatorial courtesy: President obtains approval of senator of his party from the state in which the nominee will serve

Judicial Decisions

Informal methods of constitutional change: -judicial review: Supreme Court decides whether acts of congress or the president are constitutional -not specifically described in the constitution -Marbury v. Madison in 1803 establishes judicial review

Party practices

Informal methods of constitutional change: -political parties are not mentioned in constitution -in fact, the framers warned about them -beware the "baneful effects of the spirit of party" -George Washington -hold presidential nominating conventions -resulting in electoral college becoming a "rubber stamp" for popular vote in each state -determine how congressional committees are organized and led

Executive actions

Informal methods of constitutional change: -power as commander in chief to send troops into combat without Declaration of war -use of executive agreement -pact made by the president with the head of a foreign state -does not have to be ratified by the senate - circumvents formal treaty process

Congressional Legislation

Informal methods of constitutional change: -congress had passed laws that both clarify and expand constitutional provisions -the judiciary act of 1789 created the federal court system -congress created cabinet departments, agencies, offices -congress has passed many laws defining and expanding the commerce clause -railroads, air routes, and internet traffic now regulated -discrimination now banned in public accommodations

Iron Triangles

Informal policy-making relationship among three groups. ▪ An industry and its interest groups. ● EX.: Weapons Manufacturers ▪ Congressional committee dealing with that industry. ● EX.: Armed Services Committees of both House and Senate. ▪ The Bureaucracy (Affected Agency) ● EX.: Department of Defense ▪ Work together to formulate and implement policy in their area of interest. o Each corner provides services, information, and/or policy for the others. ▪ Often called sub-governments. ▪ Very pervasive and powerful.

Judicial System

Interprets laws and settles disputes

(fed 10) Can a pure democracy control the impact of factions, why or why not?

It cannot control the impact of factions. In a pure democracy, the majority will form a faction which will control the government, and trample the rights of minorities.

The Connecticut (Great) Compromise drafted at the Constitutional Convention of 1787 is significant for which of the following reasons?

It proposed a Senate with equal representation for each state and a House of Representatives with membership established according to the population of each state

4. Direct democracy cannot control the effects of factions due to a. Its Inability to limit oppressive majorities. b. Its ability to have elected representatives who govern large areas and are least likely to become oppressive. c. The people having the power to control factions. d. The inability of factions to exist in a direct democracy

Its Inability to limit oppressive majorities

The House Committee on ways and means

Jurisdiction on all taxation, tariffs, revenue-raising measures. ⦁Members of this committee may not serve on other House committees. ⦁Committee chairs have great power and considerable prestige. ⦁Call meetings. ⦁Schedule hearings: A bill can simply be killed by refusing to schedule it for a hearing. ⦁Hire staff. ⦁Recommend members to sit on committees. ⦁Select subcommittee chairs. ⦁Often receive favors and PAC contributions.

According to Justice Brennan, intent of the Framers in judicial interpretation means a. following the strict letter of what is written in the Constitution without interpretation. b.. An individualist communitarian judicial approach protecting individual rights balanced with societal rights. c. Evolving standards of decency with judicial interpretation d.Justices understand exactly what the Framers of the Constitution thought about the question under consideration and follow the intention of the framers in relation to the question before the justice

Justices understand exactly what the Framers of the Constitution thought about the question under consideration and follow the intention of the framers in relation to the question before the justices

The White House Staff

Key Presidential aides. ⦁President appoints or dismisses without Senate approval. -Personally loyal to the President. ⦁Primary responsibility: Provide President with information to make decisions. -Policy Options -Analysis and Advice ⦁Chief of Staff: Top aide to the President. -Selects and supervises key White House staff. -Manages people and information coming into the White House. ⦁The White House staff has the primary role in creating a President's policy agenda. -This can bring conflict with Congress.

Reason, natural laws, popular sovereignty, popular consent, liberty, limited government, progress, toleration

Key enlightened ideas

Meant the absence of intolerance, bigotry, and superstition -could be used to solve social problems and improve society

Key enlightened ideas -Reason:

ultimate authority in society rests with the people

Key enlightened ideas -popular sovereignty:

Europeans were governed by absolute monarchs -restricted speech, religion, and trade -enlightenment thinkers believed intellectual freedom was a natural right -progress required freedom of expression

Key enlightened ideas -liberty:

Government Power is restricted by law

Key enlightened ideas -limited government:

Regulate human society -can be discovered by human reason

Key enlightened ideas -natural laws:

Governments draw legitimacy and power from the governed

Key enlightened ideas -popular consent:

Social progress is possible -laws of government would improve society and make progress inevitable

Key enlightened ideas -progress:

Enlightened Thinkers opposes superstition, intolerance, and bigotry -advocated full religious rights

Key enlightened ideas -toleration:

Issue Networks Example

Large factory is a polluter, but is profitable. ▪ The factory will want to fight expensive environmental regulations. ● Compliance costs could bankrupt them. ● But clean air and water are more important right? o What about the: ▪ Jobs involved with secondary industries that supply the raw materials to the factory? ▪ Local government that relies upon the tax revenues from the company? ▪ People, jobs, taxes, homes, etc.

6. A large republic allows for better control of factions and a better system of governing due to the all of the following EXCEPT: a. The large republic can refine and enlarge the views of the public which does not allow for an oppressive majority b. A larger republic allows for a greater number of possible representatives and a greater probability of a fit choice for a wise, just government. c. Extend the sphere of a republic, and you take in a greater variety of parties and interests; you make it less probable that a majority of the whole will have a common motive to invade the rights of other citizens. d. Large republics always prevent the election of a chosen body of representatives who may be wiser and more just than the citizenry.

Large republics always prevent the election of a chosen body of representatives who may be wiser and more just than the citizenry.

Regressive Tax

Levied at a flat rate without regard to the level of the taxpayer's income or ability to pay. ⦁This forces poor citizens to pay a higher percentage of their income compared with wealthier citizens.

Gift Taxes

Levy imposed on a gift from a living person to another.

Estate Taxes

Levy imposed on the assets of someone who dies. ⦁Generate approximately 1.2% of federal tax revenue

categorical grants

Made for specific, carefully designed purposes

In fed 51, what is Madison's argument about human nature?

Madison believes human nature is problematic. The very point of government is to control the naturally selfish and ambitious nature of humans, in order to provide the best situation for the public good. Unfortunately, the government is also made up of humans with a faulty nature, and therefore needs to check and balance not only the people but also itself.

What does Madison belive about about human nature?

Madison believes human nature is problematic. The very point of government is to control the naturally selfish and ambitious nature of humans, in order to provide the best situation for the public good. Unfortunately, the government is also made up of humans with a faulty nature, and therefore needs to check and balance not only the people but also itself.

3. In Federalist #10, all of the following could NOT be done to minimize the effects of factions EXCEPT? a. Prevent factions from being developed b.Making a republic c. Making everyone have the same interest d. Making a direct democracy

Making a republic

Weaken the power of state governors and legislators

Many scholars argue that categorical grants-in-aid do which of the following?

trustee model

Members of Congress use "best judgment" based on the interests of the people.

Holding a hearing and subpoenaing high-level officials in the Department of Veterans Affairs to testify

Members of the United States House of Representatives Committee on Veterans Affairs are concerned about the quality of services at hospitals run by the Department of Veterans Affairs. Which of the following is an action the committee can take to address the problem?

National Debt

Money the U.S. has borrowed to pay for its budget deficits. ⦁2013: Total federal debt exceeded $12 trillion. ⦁2017: Federal debt was $14.7 trillion. ⦁43% held by foreign investors. ⦁16% held by China and Japan. ⦁2028: If current policy in Washington continues the national debt is projected to reach $33.9 trillion.

the speaker of the house

Most important House leadership position. ⦁Only House officer specifically mentioned in the Constitution. ⦁Elected at the beginning of each new Congress. -Traditionally a member of the majority party. ⦁Presides over the House and oversees House business. ⦁Official spokesperson for the House. ⦁Second in the line of presidential succession. ⦁Liaison to the Senate. ⦁Guides party-backed bills through the legislative process.

increases in entitlement programs

Much of the steady increase in federal government expenditures since 1960 has been caused by:

Cooperative Federalism

National and state governments work together to complete projects

Cooperative Federalism

National and state governments work together to complete projects. ⦁New Deal programs forced all levels of government to work cooperatively with one another. -Ex: Interstate highway programs share costs and administrative duties. ⦁Often called "Marble Cake" federalism. -Blurred distinction between the levels of government. -Relations among the national, state, and local governments are so intertwined that it is hard to tell where each one begins and ends. ⦁Lyndon Johnson's "Great Society" increased cooperation between federal and state governments. -Created greater reliance on federal programs. -Medicare -Medicaid -War on Poverty -Civil Rights Legislation -Increased cost sharing between federal and state governments. -Federal governments set requirements for states to meet to ensure federal funding. -Provided for dual program administration

-Radio signals -telephone messages -financial transactions

National government now regulates a variety of commercial activities

constrained by the sharing of power between and among the three branches and state governments

National policymaking is............ -Multiple access points also exist due to the separation of powers and checks and balances

Provided for a strong national government with many powers, while the Articles created a weak central government with few independent powers

Of the following, the most significant difference between the constitution of 1787 and the Article of Confederation was that the constitution

Logrolling

One member of Congress supports another member's "pet project" in return for support for his or her own.

Deficit

One year where income is less than expenses.

elite upper-class males

Originally, bureaucrats were drawn from a group of

Executive Agreement

Pact between president and head of a foreign nation.

Social Insurance Taxes

Paid by employers and employees for social safety nets.

The Congressional Budget and Impoundment Control Act of 1974

Passed by a Democratic-controlled Congress. ⦁Impoundment: When the President does not spend money appropriated by Congress. ⦁Response to President Nixon refusing to spend money Congress had approved in 1973. -Designed to reform the congressional budgetary process. ⦁Attempt to regain power lost to the executive branch. ⦁Established a budget committee in each house of Congress. ⦁Created the Congressional Budget Office (CBO). ⦁Nonpartisan agency that analyses spending bills ⦁Tasked with advising Congress on budgetary matters. ⦁Forecasting government revenues. ⦁Evaluating consequences of budget decisions. ⦁The act also detailed the process of reconciliation. ⦁Limits debate on controversial issues affecting the budget. ⦁Avoids the threat of a filibuster.

standing committees

Permanent bodies that continue from one Congress to the next. ⦁Focus on legislation in a particular area. ⦁House Ways and Means Committee ⦁Senate Judiciary Committee ⦁Senate Armed Services Committee ⦁All bills are referred to standing committees. ⦁Amended, Passed, or Killed ⦁Divided into subcommittees. ⦁Details of legislation worked out. ⦁20 Standing committees in House. 17 in the Senate.

Discharge Petition

Petition signed by a majority of House members to remove a pigeonholed bill from committee for consideration

Iron Triangle Example

Pharmaceutical Industry ▪ Drug companies lobby the FDA. ● Speed up certification process for medicine that will help the American people. ▪ Patients and drug companies pressure Congress. ▪ Congress pressures the FDA.

conflict with the congressional agenda

Policy initiatives and executive orders promoted by the president often lead to

Legitimacy

Political authority conferred by law or by a state or national constitution.

Expressed (Enumerated) Powers

Powers specifically granted to the federal government by the Constitution. -Demonstrate the separation of powers and checks and balances features of the U.S. Constitution

Signing Statements

President can express disagreements with parts of legislation -Since there is no line-item veto. -Record their objections. -Declare their intention not to implement parts of the legislation. -Can have same effect as a line-item veto. ⦁Practice dates to James Monroe. -20th c. presidents have escalated the use. -Supreme Court has allowed them

senatorial courtesy

President consults senior Senator of his party of a given ⦁ state before nominating any person to a federal vacancy within that Senator's state. ⦁Unwritten political custom. ⦁Limits controversy.

Removal Power

President has the power to dismiss most of his or her appointments. ⦁Cannot dismiss federal judges. -Impeachment process through Congress. ⦁Cannot dismiss commissioners of independent regulatory agencies.

Impoundment

President refuses to spend money appropriated by Congress.

Executive Order

Presidents can use the ........... to make policy ⦁Power to sidestep Congress and make laws. -Do have limitations. ⦁They can clarify or implement legislation passed by Congress. ⦁Can also make new policy. -Truman desegregated the military by executive order. -LBJ instituted affirmative action in the same way.

agree with them.

Presidents often fill agency spots with people from an issue network who

Congress

Presidents prefer to cooperate with ........ ⦁Seek Bipartisanship -Strategies to influence Congress to support presidential policy: -Work with both the majority and minority leaders. -Use the media to attract public attention. -Use high approval ratings to show public support for ideas. -Bargain with concessions and "pork" that will benefit a member's district.

expressed and implied powers

Presidents use their............ to set the policy agenda. ⦁National Leader ⦁Head of the Party (Not in Constitution) -Founding: Congress handled the major legislation. -Now: President initiates most major legislation.

President Pro Tempore

Presides over the Senate in the absence of the vice president. ⦁Selected by the majority party. ⦁Mostly ceremonial position.

Federal Reserve Board (FRB) "The Fed"

Primary responsibility to set monetary policy. o Setting bank interest rates. o Controlling inflation. o Regulating money supply. o Adjusting bank reserve requirements. ▪ The Fed has great independence. ● Removes monetary policy from politics. ● Usually able to use its economic expertise to develop policy without interference from political parties and interest groups.

Executive Privilege

Privilege of confidentiality. ⦁Private communications between president and principal advisors. -Constitution says nothing about it. ⦁Claim based on 2 grounds: -Separation of Powers -Keeps one branch from inquiring into internal workings of another. -Need for privacy allows for candid discussion. -No fear of immediate press and public reaction. -Especially in matters of national security. -Tradition used since the time of Washington. ⦁Never scrutinized by other branches until 1973 and Watergate. -United States v. Nixon: Supreme Court made Nixon hand over his recorded conversations. -No such thing as "absolute, unqualified Presidential privilege of immunity from judicial process under all circumstances." -Nixon resigned 15 days later. ⦁Bill Clinton used executive privilege more than any other president in history. -Clinton v. Jones (1997): Court ruled that his argument that civil suits distract the executive from presidential duties was rejected.

Discretionary Spending

Programs not required by law. ⦁Defense, education, agriculture, highways, research grants, government operations. ⦁Defense spending accounts for approximately 20% of the total federal budget.

Progressive Tax

Proportionate to income. ⦁ As a taxpayer's income increases, so does the tax rate.

The President and Public Opinion

Public support is critical to Presidential success. Approval ratings effect policy. ⦁High ratings are interpreted as a mandate to implement a policy agenda. -Take the country in the direction of President's party's platform. ⦁Low ratings decrease a President's influence with Congress. -More difficult to secure support for their policy proposals. ⦁Presidential Coattails: Candidates from the president's party align with the president when approval is high. -When approval is low, they often distance themselves from him. ⦁This is most evident in mid-term elections. Ratings usually the highest when a president takes office. -Tend to decline throughout his term. ⦁Constant media barrage makes us tired of him. A crisis may cause a brief spike in presidential approval ratings. -9/11 Terrorist Attack ⦁Nation bands together. ⦁Puts partisan differences aside to deal with the crisis. -These upticks do not last long. For 50 years the Gallup poll has conducted presidential approval polls. -"Do you approve or disapprove of the way [NAME] is handling his job as president?" ⦁Factors that increase presidential approval ratings: -"Honeymoon Period" at the beginning of the administration. -Positive media coverage. -Foreign policy success. -Foreign crises that rally Americans "around the flag." -Strong economic growth and low unemployment. -Factors that decrease presidential improvement ratings: -Scandal involving president and/or top aides. -Gap between high expectations and poor job performance. -Long foreign wars that go poorly. -Weak economic growth and high unemployment.

ex post facto laws

Punishment for an act that was not illegal when the act was committed

THe enlightenment

Questioned traditional political, economic, and social order -ideas regarding role of people and their government

Fiscal Policy

Raising and lowering taxes and government spending programs

a more complex political process.

Recently, political scientists have seen the rise of

Monetary Policy

Regulating the money supply, controlling inflation, and adjusting interest rates.

Writing and Enforcing Regulations

Regulatory agencies create the procedures, rules, and regulations that industry must follow.

⦁Form new cabinet-level departments. ⦁Raise revenue. ⦁Declare war.

Remember, the Constitution does not allow presidents to:

(fed. 10)What are the two ways to cure the trouble-making of factions:

Remove the causes of factions Control the effects of factions

Deregulation

Removing government restrictions and regulations. ▪ Some regulatory agencies have brought controversy. ▪ Many see all of the rules associated with industry as a negative. ● Too expensive, time-consuming, and unnecessary red tape ▪ Allows for the competition of the marketplace to dictate how industry functions. ● Reagan and George W. Bush deregulated or lifted a number of restrictions on business.

Mandates

Rules telling the states what they must do to comply with federal regulations

as long as they wish

Senate procedures allow members to speak on the floor ................. ⦁Senators may hold a bill. ⦁Parliamentary procedure stopping the bill from coming to the floor. ⦁Allows for additional reviewing. Allows for negotiating changes. ⦁Can be an attempt to kill a bill. ⦁Senators may filibuster. ⦁Attempt to halt legislation by using long speeches or unlimited debate. ⦁"Talking a bill to death." ⦁Not in the Constitution, but a Senate tradition. ⦁Cloture: In 1917 Rule 22 said filibusters can be stopped only if 60 senators vote to cut off debate. ⦁Filibusters can be very successful. ⦁With partisan gridlock 51 votes does not guarantee passage. ⦁Thus, 60 vote majorities are needed to avoid filibuster.

The "blue slip" process

Senators make known their approval or disapproval of a nominee. ⦁May choose not to comment at all

15. In Federalist #51, what is essential to the "preservation of liberty"? a. Direct democracy b.. Federalism c. Free flow of factions d.Separation of powers

Separation of powers

Legislative Branch

Separation of powers: Article 1 -Bicameral congress -House of representatives -Senate

human nature, political conflict, purpose of government, nature of government

Shared ideas at the constitutional convention

Agreed with Montesquieu that government should be limited -power should be divided into separate legislative, executive, and judicial branches -carefully designed set of checks and balances

Shared ideas at the constitutional convention -nature of government

-the unequal distribution of property is the primary source of political conflict -it inevitably creates rival factions -society is divided into the property-less majority and the wealthy few -neither faction could be trusted and therefore both had to be checked

Shared ideas at the constitutional convention -political conflict:

-agreed with Locke: "the preservation of property is the end of government" -both the rebellious farmers in Massachusetts and the radical debtors in Rhode Island alarmed the framers -they feared the threat of "excessive democracy" posed by unruly state governments

Shared ideas at the constitutional convention -purpose of government

Delegates believed people were self-centered and selfish (Hobbes)

Shared ideas of the constitutional convention -human nature:

A pivotal event that symbolized the problems with the Articles of Confederation and demonstrated the need to reform the Articles was

Shay's Rebellion

party Whips

Similar to those in the House, but Senate rules give individual Senators more power. ⦁Thus, being a whip in the Senate can be more challenging.

increased

Since September 11, 2001 presidential military powers have ............ ⦁The "Bush Doctrine": U.S. must be ready for "preemptive action" to defend itself. -Focus on national security. -Does not require approval of Congress.

Individual Income Tax

Sixteenth Amendment (1913) permitted Congress to levy an income tax. -Income taxes can be progressive or regressive

select committees

Special panels formed for a specific purpose and for a limited time. ⦁Lead to writing of special legislation. ⦁The House Watergate Committee ⦁The Senate Select Committee on Unfair Campaign Practices ⦁Both led to campaign reform.

Uncontrollable Spending

Spending the President and Congress have no power to directly change. ⦁More than 60% of federal spending now falls into the uncontrollable category

14. According to Madison, justice was the ends of government. Justice could be maintained by all of the following EXCEPT a. Limit the power of the majority to enable minority rights b. States retaining their powers at the current level to limit the national government c. Enable state and federal power to limit the strength the national government d. Have internal controls that listen to the many different factions that will develop over a national sphere.

States retaining their powers at the current level to limit the national government

Authorization Bill

States the maximum amount of money available for a program

19. Under the proposed government, Brutus believed the states would experience all of the following EXCEPT a. States would remain in power and federalism (division of power between the states and the federal government) would remain in balance b. The Supremacy Clause would enable the federal government to void the laws of the states. c. The federal power to tax would limit funds for the states d. The proposed federal government under the new Constitution would enable the government of a particular state to be overturned at one stroke, and thereby be deprived of every means of its support.

States would remain in power and federalism (division of power between the states and the federal government) would remain in balance

Virginia Plan

Supported the interest of the large and populous states -state representation to be determined by population -a national government that derived its powers from the people -not from the member states

What are the two ways to remove factions from existing? Are either of these realistic?

Take away people's freedom Give everyone the same opinion They are not realistic options. The first does not uphold the ideals of our country—it would be tyranny. The second is impossible because even rational people will come to different conclusions based on the same facts.

Conference Committees

Temporary bodies formed to resolve differences between House and Senate versions of a bill. ⦁Both chambers have to pass the exact same bill before it can become law. ⦁Members are appointed by party leadership. -Drawn from committees that originally considered the bill.

strip states and individuals of their rights and the authority to make laws

The Anti-Federalists' opposition to the constitution was predicated on the belief that a strong central government would

Strength

The Articles of Confederation gave Congress the power to manage Native Indian affairs

Strength

The Articles of Confederation supported the Continental Army

Strength

The Articles of Confederation were a written agreement and the first constitution of the United States of America

"Floor Action"

The Bill is debated in each chamber. ⦁Different process in the House and Senate. ⦁The House Rules Committee gives the bill a rule. ⦁Placing it on the legislative calendar. ⦁Allowing a specified time for debate. ⦁Determining if any amendments will be allowed. ⦁Committee of the Whole: The bill is debated, and a vote is taken by the full House. ⦁The House can form a committee of 100 members to streamline the process. ⦁Small group debates and amends the bill. ⦁All House members do not have to speak. ⦁If the bill survives and is passed by the House, it goes to the Senate for consideration

All three, Justice Brennan, Justice Scalia, and Justice Breyer, believed that a. The Constitution is static b. That the legislature and the majority should prevail in decision making c. The Constitution is not static or wooden d. These justices did not agree on any aspect of judicial interpretation

The Constitution is not static or wooden

parallel process

The House and Senate have a .............. ⦁Usually referred by the committee chair to a subcommittee. ⦁Study: Congressional Research Service (CRS): responds to requests for information. ⦁Nonpartisan ⦁Administered by the Library of Congress since 1914. ⦁Does not recommend policy. ⦁Looks up facts and arguments for and against. ⦁Tracks the status of every major bill. ⦁Hearings: Witness testimony allows information gathering. ⦁Often by lobbyists or experts within a particular field. ⦁Revisions to the bill. ⦁Approval: Most bills die in committee. ⦁Pigeonholed: The bill is set aside and not acted upon. ⦁When the legislative session ends, so does the bill. ⦁Discharge Petition: Petition signed by a majority of House members to remove a pigeonholed bill from committee for consideration.

appoint all top-ranking officers of the federal government

The President has the power to ...... ⦁Senate confirmation is required for many Presidential appointments. -Important check on appointment powers. -With the "advice and consent." -Simple majority necessary for confirmation. ⦁Appointing cabinet members and their top aides. -The Cabinet is not in the Constitution. -Created through custom and usage. -15 Executive Department Heads -2/3 of the federal government's civilian employees. -"Inner Cabinet": Washington's original 4 positions. -Have the most influence. -Secretary of State -Secretary of Treasury -Attorney General -Secretary of Defense ("War") -The Cabinet can bring the President conflict. -Cabinet members have competing loyalties. -Loyalty to President -Loyalty to goals of the department. -Interest groups form close ties with cabinet departments. -Congress competes with president for influence over cabinet departments. ⦁Appointing ambassadors and other diplomats. ⦁Appointing all federal judges including Supreme Court justices. -President's longest lasting influence on policy. -Federal judicial appointments are for life. -Senatorial Courtesy: Custom where President asks for input on federal judges. -Presidential appointment power limited by an unwritten rule. -Senate will not approve an appointment that is not supported by the majority party's Senator from that state.

submitting a proposed budget to congress

The President initiates the budgetary process by .............. ⦁The Office of Management and Budget (OMB) prepares the budget for submission. ⦁Reflects the priorities and goals of the President's policy agenda.

the house an senate Appropriations Committees

The President's budget is sent to both.................. ⦁Hearings are held on key items. ⦁Congress is required to pass thirteen major appropriations bills by the beginning of the federal government's fiscal year on October 1. ⦁All tax proposals are referred to the House Ways and Means and Senate Finance Committees.

amending legislation

The Senate has no rules for ................. ⦁"Riders": amendments that are irrelevant to the bill. ⦁Programmatic Requests: once called earmarks, always called "pork." ⦁Legislation that allows representatives to bring home money and jobs to their districts. ⦁Public Works Programs ("Pet Projects") ⦁Military Bases -Renovating Historic Buildings ⦁Research Efforts ⦁Logrolling: One member of Congress supports another member's "pet project" in return for support for his or her own. ⦁If a bill overcomes a hold or a filibuster it goes to the full Senate for a vote.

an enumerated power

The United States Constitution says that Congress has the power to coin money. This is an example of

bureaucratic implementation of law

The United States Fish and Wildlife Service will spend money appropriated by Congress to maintain wildlife refuges. This action is an example of?

Requires that the president notify Congress within 48 hours of deploying troops

The War Powers Resolution does which of the following?

budgetary proposals

The White House staff and The Office of Management and Budget make .......... to Congress. ⦁Administration priorities and policies are included. ⦁Impoundment: President refuses to spend money appropriated by Congress. -Used throughout history infrequently. -Nixon's administration made it a big deal. -Major administration goal of reducing spending. -Democratic Congress passed many spending bills. -Nixon pocket-vetoed 12. -Impounded funds appropriated in other laws that he hadn't vetoed. ⦁Congress passed the Budget Reform and Impoundment Act of 1974. -Required the president to spend all appropriated funds. -Needs congressional approval for impoundment. -Federal courts have upheld this provision.

Committee of the Whole

The bill is debated, and a vote is taken by the full House.

pigeonholed

The bill is set aside and not acted upon. ⦁When the legislative session ends, so does the bill.

broad issues affecting the entire country

The central government is concerned with........... -Foreign policy -interstate matters -immigration

majority

The constitution creates a system that prevents, in James Madison's words, "a tyranny of the ............

the structure and function of the government

The constitution differs from the declaration of independence in that it does not focus on the individual rights of the governed, but rather on

Federalist No. 78: What is meant by the supremacy of law

The constitution is the highest law of the land

declaring war

The constitutional powers of the president include all of the following EXCEPT

Necessary and Proper Clause

The constitutional provision that allows congress to expand its legislative power is the

the ability to adapt to changing times

The constitutions writers carefully drafted a document that would create

Revise the articles of confederation

The convention to write the U.S. constitution was called to

20. According to Brutus, the new, proposed legislature would result in all of the following EXCEPT a. The new government would result to force to enforce its decisions because the new government would lack the confidence, respect, and affection of the people. b. The public would have little acquaintance with their rulers and understand the laws being addressed. c. The loss of liberty and protection of natural rights due to the power amassed at the federal level in the proposed government. d. The elected national leaders in the new Congress to relate to the conditions and concerns of those they represent at the state level.

The elected national leaders in the new Congress to relate to the conditions and concerns of those they represent at the state level.

explain the negotiations over the balance of power between the two levels

The exclusive and concurrent powers of the national government help

Slow and deliberate in the law-making process

The legislative process at the national level of government reflects the intent of the framers of the constitution to create a legislature that would be

Pass legislation that would limit the impact of the supreme court's recent rulings

The majority party in the senate is concerned that the supreme court has made a number of ideologically dangerous and controversial rulings. Which of the following actions would the senate take in their attempt to limit the supreme court's power?

deliberately vague

The mandate for Presidential power was .......... in the Constitution. ⦁Formal powers are less specific in the Constitution than those given to Congress. -Has allowed for expansion. ⦁Washington, Adams, and Jefferson helped make the presidency influential by setting important precedents. -George Washington established the primacy of the federal government. -He began the practice of using a Cabinet of key advisers. -Made it clear that the president was the lead in foreign affairs. -Asserted that the president had inherent powers. -Powers inferred from the Constitution rather than explicitly stated. -EX.: Power to conduct diplomatic relations. -Thomas Jefferson continued the claim of inherent powers. -Louisiana Purchase in 1803 expanded the size of the nation

It has likely been drawn to pack together voters who are registered with the same party

The map shows the outline of a congressional district. Which of the following statements best explains the motivation behind the way in which it is drawn?

shifting the responsibilities and costs for many programs to state governments

The most significant trend in federal-state relations during the 1980s was

Weakness

The national government could not force the states to obey its laws and notices for taxation were ignored because they could not be enforced

Regulating commerce among the states

The omnibus budget reconciliation act of 1985 authorized the government to deny income tax deductions for employer health plans that did not offer employees the option of keeping their health insurance after leaving the job. Which enumerated power allowed congress to make the law

Fiscal Federalism

The pattern of spending, taxing, and providing grants in the federal system

fiscal policy

The policy that describes the impact of the federal budget (including taxes, spending, and borrowing) on the economy is referred to as which of the following ?

Reprieve

The postponement of the execution of a sentence

17. According to Brutus #1, which power of the new government is Brutus especially concerned with and felt it was the most important power to be granted? a. The power over the military b. The power to tax c. The power to decide treaties d. The power over the court system

The power to tax

a compromise cannot be reached with Congress

The president is most likely to use an executive order to make policy when

1 and 3

The president nominates Supreme Court justices, who must be confirmed by the senate. Once appointed, those justices usually serve for life terms. This is an example of 1. Separation of powers 2. federalism 3. checks and balances 4. judicial review

delegated powers

The president's role as chief diplomat is derived from

advise the president

The primary function of the White House staff is to

reduce trade barriers between the United States, Mexico, and Canada

The primary purpose of the North American Free Trade Agreement is to

Federal Reserve Board

The primary responsibility for determining monetary policy in the United States rests with the

incrementalism

The process of small but regular budget increases.

16. According to Brutus #1, why is ratification the most important question any people has ever had to decide? a.. The public is debating on independence or remaining with the British government b. The public is selecting whether to approve a government that will protect their liberties or could subvert them c. The public is selecting what amendments to the United States Constitution that will extend liberty and limit the government d. The public is determining the new president and the powers of that office.

The public is selecting whether to approve a government that will protect their liberties or could subvert them

Locke is famous for his 'social contract' theory of government. What do you think the social contract is?

The social contract of government is the idea that the citizens give up freedom to be part of a government, and the government must in turn protect the citizens' rights and uphold justice.

Federal law takes precedence over state law when the laws conflict

The supremacy clause in the constitution states that

Establishment of two legislative chambers that have different structures and rules

The term ".............." refers to?

Establishment of two legislative chambers that have different structures and rules

The term "bicameralism" refers to the

an administrative agency, an interest group, and a congressional committee

The three points of an iron triangle include

5. What does the following phrase from Federalist #10 mean, "Liberty is to faction what air is to fire, an aliment without which it instantly expires. But it could not be less folly to abolish liberty, which is essential to political life, because it nourishes faction, than it would be to wish the annihilation of air, which is essential to animal life, because it imparts to fire its destructive agency." a. Factions are not a concern of the government because they will always exist. b. There is no cure for factions. They cannot be destroyed because that would be the destruction of liberty. c. There is a cure for factions, and it requires the limitation of liberty. d. Fire and factions are both destructive and can kill. Therefore, factions MUST be destroyed just like fire is destroyed.

There is no cure for factions. They cannot be destroyed because that would be the destruction of liberty.

(fed. 10) Based on this excerpt, why will we always have factions in the United States?

There is no way to have freedom without also having factions.

In the 1780s, proponents of the new constitution cited Shays rebellion as an example in support of which of the following criticisms of the national government under the articles of confederation

There was a lack of a national military power to address security concerns

Weakness

There was no national army or navy

Weakness

There was no power to regulate commerce or trade between the states - each state could put tariffs on trade between states

Weakness

There was no system of national courts

Virginia Plan

Three branches: legislative, executive, and judicial -bicameral legislature: two houses -one house elected directly by the people -second house chosen from persons nominated by state -legislature given the power to select the executive and judiciary

Iron Triangle

Three interlocking points. o Administrative Agency (part of the bureaucracy) o Interest Group (interested in that part of the bureaucracy) o Congressional Committee (policy experts in that part of the bureaucracy)

Implementation

Translation of policy goals into rules and standard operating procedures. ▪ Making Policy: Setting regulations is a participatory process. ● Industry involved in determining rules (See Iron Triangles) ● Agencies hold public hearings for testimony and advice. o They gain opinions from experts in the field. ● Once input and debate have taken place, regulatory agencies write the rules. o "Quasi-Legislative Function" ▪ If the industry continues to disagree it can sue in federal court

Regulation

Use of governmental authority to control or change practices in the private sector. ▪ Dominant ideology of the Progressive Movement. ● Munn v. Illinois (1877): S.C. first upheld the right of government to regulate business

Power Elite View

View that the government is dominated by a few top leaders, most of whom are outside the government.

Bureaucratic View

View that the government is dominated by appointed officials.

James Madison

Virginia plan

Which proposed representation in both the House of Representatives and the senate

Virginia plan

James Madison

Was the principle architect of the constitution -his task: how to avoid the misuse of power, yet still create a strong central government -many different passionate opinions

"Inner Cabinet"

Washington's original 4 positions. -Have the most influence. ⦁Secretary of State ⦁Secretary of Treasury ⦁Attorney General ⦁Secretary of Defense ("War")

Reducing the influence of partisan politics on federal bureaucracy

What is a goal common to both the Pendleton Act and the Hatch Act?

Balanced Budget

When expenditures equal revenues in a fiscal year. ⦁The last time America had a balanced budget was from 1999-2001

Budget Deficit

When expenditures exceed revenues in a fiscal year. ⦁2009: Federal budget deficit reached a record $1.42 trillion. -More than $4,700 for every man, woman, and child in the United States. ⦁Reflected the worst part of the Great Recession. ⦁Tax revenues were down. ⦁Spending (stimulus to improve the economy) was up. ⦁The budget deficit steadily declined as the American economy improved. ⦁2015: Obama's last year saw the deficit shrink to $587 billion. ⦁2018: Congressional Budget Office estimates the federal deficit will be $804 billion. ⦁Tax revenue decreases combined with spending increases. ⦁Expected to surpass $1 trillion by 2020.

Impoundment

When the President does not spend money appropriated by Congress.

Philadelphia Convention

Where the U.S. constitution was drafted -led by George Washington -important contributions from Madison, Hamilton, and members of the "grand committee" -provides the blueprint for a unique form of political democracy in the U.S.

Layer Cake Federalism

Which kind of federalism best describes an autonomous relationship between the states and national government?

Formal Power- Acting as commander in chief of the military Informal Power- Signing executive agreements with foreign nations

Which of the following accurately compares the formal and informal powers of the president?

The United States Postal Service has the largest number of employees within the federal bureaucracy

Which of the following accurately describes the information presented in the pie chart?

Calling on experts to advise the federal government in finding ways to improve public education

Which of the following actions did President Johnson suggest he would take to address problems in public schools

A relationship between bureaucrats, legislators, and lobbyists, all of whom seek policies in their particular interests

Which of the following best describes an "iron triangle"?

The Department of Education primarily addresses state issues, whereas the Department of Homeland Security primarily addresses national issues

Which of the following best explains the difference in the number of bureaucrats employed by the Department of Education and the Department of Homeland Security?

Cabinet secretaries may develop strong loyalty to their departments

Which of the following best explains why cabinet secretaries might not aggressively pursue the president's policy agenda?

The long-term relationships between agencies, congressional committees, and interest groups in specific policy areas

Which of the following best illustrates the concept of iron triangles?

The necessary and proper clause

Which of the following clauses in the constitution justifies the "implied powers doctrine"

The necessary and proper clause

Which of the following clauses in the constitution justifies the "implied powers doctrine"?

The necessary and proper clause

Which of the following constitutional provisions broadened the power of congress

Enumerated powers in article 1

Which of the following constitutional provisions limits the power of the national government in Hamilton's argument

Congress is more likely to act on a president's policy proposal at the beginning of a first term than at the end of a second term

Which of the following correctly identifies an implication of the line graph?

The Supreme Court can declare federal legislation invalid if the legislation violates the constitution

Which of the following did the Supreme Court establish in Marbury v. Madison ?

President Johnson is seeking to use the bully pulpit as a means of promoting his agenda on public education

Which of the following explains President Johnson's motivation for the speech in relation to his role as the head of the executive branch?

block grants

Which of the following forms of federal assistance to the states provides state governments with the greatest degree of flexibility in structuring their policy initiatives

block grants

Which of the following forms of financial aid from the national government gives the states the broadest discretion in the spending of money

Cloture

Which of the following identifies the formal procedure for ending a filibuster

It will likely lead to a less competitive general election, which could lead to increased partisanship

Which of the following is a consequence of the way the district is drawn on the map?

The federal governments role has been greatly expanded through interpretation of the interstate commerce clause

Which of the following is a correct statement about the federal government's role in interstate commerce?

implementing public policies

Which of the following is a function of departments and agencies within the federal bureaucracy?

the ability to filibuster

Which of the following is a unique power held by members of the Senate?

Enhance federal power- supremacy clause Enhance state power- seventeenth amendment

Which of the following is an accurate comparison of constitutional provisions

Enhance Federal Power: Commerce clause Enhance state power: Tenth Amendment

Which of the following is an accurate comparison of constitutional provisions?

Federalist: Believed a large republic ensured the best protection of individual freedoms Anti-Federalists: Believed only a small republic could best ensure protection of individual freedoms

Which of the following is an accurate comparison of federalist and anti-federalist views on government?

McCulloch v. Maryland- led to an increase in power for the national government United States v. Lopez- established limits to congress power under the commerce clause

Which of the following is an accurate comparison of the two court cases

Entitlement spending has steadily become a larger portion of the federal budget

Which of the following is an accurate statement about the information in the line graph

The President vetoes a bill passed by Congress

Which of the following is an example of checks and balances in action in the United States Government?

The president threatens to issue an executive order for stricter gun control if Congress continues to refuse to take action

Which of the following is an example of how separation of powers creates friction between the executive and legislative branches in the policy-making process?

President Bill Clinton advocating for public policy reform on his Health Security Express bus

Which of the following is an example of presidential use of informal powers?

The Department of Transportation will be given discretionary authority to create auto regulations

Which of the following is likely to occur as a result of new legislation regarding automobile safety?

Articles of Confederation: Unicameral legislatures US Constitution: Bicameral legislature

Which of the following is the correct pairing of powers found in the articles of confederation and powers found in the constitution?

State governments prefer federal funding but do not want federal oversight over how the money is spent

Which of the following is the most accurate interpretation of the political cartoon

The branches have different constituencies with different interests

Which of the following is the primary reason for the tensions that exist between the legislative and executive branches of the federal government

because the agencies have bureaucratic expertise, Congress delegates "rule-making authority" to them

Which of the following is true of the relationship between Congress and executive agencies?

refuse to enforce a ruling by the court

Which of the following may the president do to limit the Supreme Court's power?

Block grants

Which of the following policies would the states most likely prefer according to the political cartoon

The president may have objections to provisions of a bill but does not want to risk Congress overriding a veto

Which of the following represents a reason that a president might use a signing statement to express displeasure with a bill as opposed to issuing a veto?

The secretary of defense being called to testify before a congressional committee

Which of the following scenarios best illustrates a formal check on the power of the bureaucracy?

A state places a tax on furniture made overseas

Which of the following scenarios would be considered an unconstitutional use of state power

A state places a tax on furniture made overseas

Which of the following scenarios would be considered an unconstitutional use of state power?

Case 1- McCullough v. Maryland Case 2- United States v. Lopez

Which of the following sets of Supreme Court cases best illustrates how views of federalism have shifted in the United States

the majority of senators and the majority of representatives are from one party, but the president is from another

Which of the following situations best illustrates the meaning of divided government in the United States political system?

agenda setting

Which of the following stages comes first in the policy-making process?

The president influences the initial budget proposal, but depends on Congress for appropriations of federal money

Which of the following statements best describes the president's influence over agency budgets?

Listing rights will lead some to assume that government may regulate those rights

Which of the following statements best summarizes Hamilton's argument?

Because of civil service laws, it is not easy for the president to remove professional bureaucrats when they disagree with the president's agenda

Which of the following statements describes a difficulty presidents face in the policy implementation process?

President Clinton's brief access to the power of the line-item veto allowed him to issue fewer signing statements that raised concerns about legislation

Which of the following statements is most accurately supported by the data in the table?

Most presidents exit office with lower approval ratings than when they entered office

Which of the following statements reflects a pattern in the line graph?

Joint

Which of the following types of committee deals with broad areas of public policy and can be found in both houses of Congress

The president

Who has the power to nominate justices to the supreme court? -The senate can approve or reject the nominations

They do not want to rewrite the constitution. Do not want to give power to the states. Takes too much time

Why won't congress call a constitutional convention if requested by 2/3 of the states to propose an amendment?

Issue Networks

Wide range of people who debate major public policies.

Abandon the articles of confederation

Within a week of the convention, the delegates voted to ........ -agreed on a need for a stronger central government -unanimously fearful of the corrupting influences of power

The Connecticut (Great) Compromise provided for

a bicameral legislature with one house's composition based upon state population and another's on equal state representation

Habeas Corpus

a court order -requires individuals in custody must be brought to court and shown the cause for detention

According to Justice Scalia, those that support a Living Constitution are creating judicial interpretation that a. violates the rule of law and standards set forth in the Constitution. b. creates less flexibility in the government not more. c. creates a reduction of rights not an advancement d.all of these things develop from the support of a Living Constitution according to Justice Scalia.

all of these things develop from the support of a Living Constitution according to Justice Scalia.

All of the following are reasons Justice Brennan provided as the limitations of using the democratic theory when making judicial interpretations EXCEPT a. the majoritarian process cannot be expected to rectify claims of minority rights that arise as a response to the outcomes of that very majoritarian process. b. There are substantive value choices that are placed in the Constitution that are beyond the power of the legislature. c. allows the will on the minority to be protected through the Court system with justices that can make value choices about the actions of the government. d. the legislative process could strengthen the power of the majority to the detriment of minority rights.

allows the will on the minority to be protected through the Court system with justices that can make value choices about the actions of the government.

the two most common forms of democracy:

are direct and representative.

According to Justice Breyer, focusing on the consequence of a decision enables judges to a. follow the original intent of the Constitution. b. promote the original expectations of the Framers. c. promote an elite view of judicial decision making. d. gauge whether and to what extent judges have succeeded in facilitating workable outcomes which reflect the general will of the people.

gauge whether and to what extent judges have succeeded in facilitating workable outcomes which reflect the general will of the people.

state and local governments, by means of federal funding

in the majority of cases, federal programs are implemented by

The importance of Shay's Rebellion to the development of the United States Constitution was that it

indicated that a strong, constitutionally designed national government was needed to protect property and maintain order

Which of the following describes the social contract theory as advanced by John Locke

it is an agreement in which the gov't promises to protect the natural rights of people

Federalist No 10: What advantages does a large republic have over a small one for preventing and controlling the events of majority faction

it is less likely a corrupt official will prevail, the bigger the republic the less likely a majority will be reached

Federalist No. 78: Why is the judiciary the least dangerous branch of government to political rights

it only offers judgement and requires the executive to enforce the judgement

passing bills of attainder

legislative act that inflicts punishment without a court trial

New Jersey Plan, an alternative to the Virginia plan, received states rights support because it

maintained the one state-one vote structure that existed under the Articles of Confederation

the preferences of the majority of their constituents

members of congress who have adopted the delegate role of representation normally cast their votes based on which of the following?

placing a referendum on the ballot in each state to increase health-care funding for veterans

members of the united states house of representatives committee on veterans affairs are concerned about the quality of services at hospitals run by the department of veterans affairs. which of the following is an action the committee can take to address the problem?

implied powers

not expressly stated in the constitution -Derived from article 1, section 8, clause 18 -AKA the "Necessary and proper clause. -AKA the "Elastic Clause." -Gives congress authority to make laws "necessary and proper" for exercising its enumerated powers. -Enables the national government to meet problems the framers could not anticipate -Allowed for the growth of national power -Enabled federal government to extend its powers beyond those enumerated in the constitution

15 Cabinet Departments headed by a Secretary

o All heads chosen by president. ▪ Approved by Senate. o Cabinet secretaries develop strong department loyalty. ▪ Often, not close presidential advisors.

Congress has more authority over the bureaucracy than the president

o Can reject appointments. o Power of legislative oversight. ▪ Budgetary Controls: Appropriating or not appropriating funds for each agency. ● The "Power of the Purse." ▪ Holding hearings and conducting investigations. ▪ Can reorganize agencies. ▪ Can set new guidelines for an agency. ▪ Can divide responsibilities amongst agencies. ● Prevents single agency from becoming too powerful.

Bureaucratic decisions are subject to review by the federal courts

o Courts can issue injunctions to an executive agency before it issues a regulation. ▪ Typically have stepped in when: ● Agencies have violated the laws of Congress. ● They have exceeded the authority given them. ● Their actions have been judged as "arbitrary and unreasonable." ● They have failed in their legal duties.

Testifying before Congress

o Demonstrate responsible use of tax payer money. o Explain bureaucratic behavior.

Each of the 15 departments is subdivided.

o Smaller units to deal with particular segments. ▪ FBI: Federal Bureau of Investigation (Department of Justice) ▪ FAA: Federal Aviation Administration (Department of Transportation)

The method of Judicial interpretation is important because a. it could alter the outcome of a case b. it could influence the interpretation of the Constitution. c. it could change the rights and/or the liberties of the American public d. of all of these reasons

of all of these reasons

tenth amendment to the constitution

of the following, American Federalism is most clearly exemplified by the

Programmatic Requests

once called earmarks, always called "pork." ⦁Legislation that allows representatives to bring home money and jobs to their districts. ⦁Public Works Programs ("Pet Projects") ⦁Military Bases ⦁Renovating Historic Buildings ⦁Research Efforts

Congress

only members of ............. can introduce bills

house

only the .......... can introduce a revenue bill

Elite

persons who possess a disproportionate share of some valued resource, like money or power.

fiscal policy

policy that describes the impact of the federal budget (including taxes, spending, and borrowing) on the economy is referred to as which of the following?

Federal

power is divided between a central government and several local governments -written constitution declares the division -Two or more levels of government have formal authority over the same area and people -The power of both state and national governments comes from the people

Prohibited Powers

powers denied to the government

inherant powers

powers granted by international law because the U.S. is a sovereign nation -Make treaties -Declare War -Acquire Territory

reserved powers

powers held solely by the states -tenth amendment: Basis of Federalism -powers not specifically granted to the national government nor denied to the state governments -issue Licenses: Drivers, Doctors -Regulation of intrastate (within the state) Businesses -Establishing public schools, health programs, safety

Conncurrent powers

powers shared by the national and state governments -power to tax -borrow money -establish courts -charter banks -spend money for general welfare -build roads

Justice Breyer contends that following active liberty enables all of the following EXCEPT a. enabling subjectivity which may be necessary depending upon the court case. b. preventing the following of legal precedents and standards set by other courts c. provide objective guidance in truly difficult cases d. the consideration of laws, precedent, and previous standards within light of the case.

preventing the following of legal precedents and standards set by other courts

Bicameralism

provides for two types of representation -upper house -lower house

According to Justice Brennan, what three defining characteristics influence his relation to the Constitutional text? a. public nature, advisory role, and communitarian approach b. private nature, advisory role, and limited influence c.public nature, obligatory character, and consequential aspects d. limited influence on the public, advisory role, and complete understanding of the framers

public nature, obligatory character, and consequential aspects

both state and federal legislation

public policy is developed by

pluralist democracy

recognizes group-based activism by nongovernmental interests striving for impact on political decision making

Discretion

refers to the authority of administrators in the federal bureaucracy to make choices concerning the best way to implement policies.

Brutus 1: What is the main argument

republics should be small, against the federalist papers

unfunded mandates

require state and local governments to provide services without funding from the federal government

upper house

senate -interests of states equally

the politico model

senator smith votes her conscience on bills that her constituents care little about, but she votes according to the wishes of the majority of her constituents on other bills. which model of representation do her actions embody?

Montesquieu

separation of powers: -Power must be used to balance power -Executive, legislative, and judicial -safeguard against tyranny -no one branch controls another -no one branch operates autonomously -power should be shared rather than divided absolutely

Executive Branch

separation of powers: Article 2 -Led by a president chosen by an electoral college

Judicial Branch

separation of powers: Article 3 -Supreme court as highest court of the national government

matters affecting our daily lives

state and local governments are concerned with -motor vehicle laws -trash collection -education -public health and welfare

The Articles of Confederation implemented the principle of

state sovereignty

Closed rule

strict time limits on debates. ⦁Forbids amendments from the floor

1. During the national debate over ratification of the new Constitution, the Federalists a. opposed the Constitution and preferred decentralized government. b. supported a return to the Articles of Confederation. c. supported the Constitution and preferred a strong national government. d. supported a return to British rule.

supported the Constitution and preferred a strong national government.

According to Justice Scalia, the most glaring defect of Living Constitutionalism, next to the antievolutionary purpose of the Constitution, is a. that the evolution of the Constitution does move with the pace necessary to keep with current standards. b. that the evolution of the Constitution is too defining and not flexible enough. c.that there is no guiding principle of the Constitutional evolution. d. that the evolution of the Constitution is known and determined.

that there is no guiding principle of the Constitutional evolution

Brown v. Board of Education

the Supreme Court held that school segregation was unconstitutional. ⦁President Eisenhower sent federal troops to Little Rock's Central High School -Enforced court-ordered desegregation. ⦁Despite state resistance national standards of racial equality prevailed.

representative democracy

the citizens elect representatives who make the decisions.

expand federal power

the commerce clause has helped to -like the elastic clause

the tenth amendment

the constitutional basis of dual federalism can be found in

Federalist No.10: What is the main problem

the control of factions

stakeholders and institutions to influence public policy

the federal system allows............ -provides multiple access points for input -flows from the allocation of powers between national and state governments

federalism

the framers chose

Economic Issues

the framers prioritized -Strong national government should promote economic growth and protect property

majority leader

the head of the majority party. ⦁Speaker's most important colleague. ⦁Schedules bills. ⦁Rounds up votes for party bills.

minority leader

the head of the minority party

Minority leader

the head of the minority party. ⦁Spokesperson of the party in the House.

determines the terms and conditions of debate when a bill goes to the House floor

the house rules committee is an important part of the legislative process because it

Federalist No. 78: What is the made argument

the importance of an independent judicial branch and judicial review

Federalist No. 78: What is the anti federalist argument against the power of the judiciary

the judiciary branch has more power then the legislature because they are essentially independent with no laws controlling their actions

Brutus 1: With which powers of the new government was Brutus especially concerned

the legislative and its ability to make laws, impose taxes, contract debts, etc.

administer elections

the national and state governments share all of the following powers except the power to

According to Justice Breyer, focusing on Active Liberty in the use of judicial interpretation allows for a focus on a. the people's general will and consequence b. strict construction of the Constitution c. judicial authority. d. inflexibility and judicial restraint.

the people's general will and consequence

Logrolling

the practice in congress whereby representative A promises to vote for representatives B's legislation, provided that representative B will support representative A's legislation, is referred to as

Brutus 1: Why does Brutus believe that a republic as large as the one proposed by the Constitution will lead to tyranny

the public good will be sacrificed to thousands and corrupt officials will rise

Federalist No. 51: What is the main message

the separation of powers and checks and balances

rising federal deficits

the trend shown in the chart contributed to which of the following in the late 1980's?

Federalist No. 78: What is a limited Constitution

there are certain exceptions to the legislative authority (rules to what to legislative can/cannot do)

Federalist No. 78: Why do judges serve for life

they are to defend against legislative encroachments

Federalist No. 78: What is meant by judges are to hold their offices during good behavior

they should not become corrupt

Federalist No. 78: Why is independence of judges important

they would have the freedom to make the decisions they please

the division and sharing of power between the national and state governments

to which characteristic of american government does the term "federalism" refer?

Devolution

transferring responsibilities from federal to state and local governments

Its members have varying levels of influence on presidential decisions

which of the following describes the president's cabinet?

the power to pass a federal budget

which of the following enumerated powers would permit congress to stimulate the economy by hiring unemployed citizens

House of Representatives- members are elected by constituents in a local district based on population Senate- members are elected by constituents of an entire state

which of the following is an accurate comparison of the house of representatives and the senate?

congress has the power to create new federal courts

which of the following is an accurate statement about the federal court system

the number of women elected to congress more than......

which of the following is supported by information in the.....

the civil rights act of 1964 hastened school desegregations by cutting off federal funds to discriminatory school systems

which of the following most accurately states the impact of the civil rights act of 1964 on school desegregation in the south

Division of power between the federal government and the state governments

which of the following represents the theoretical definition of federalism

a senator from an agricultural state amending legislation to establish a potato research institute in his or her state

which of the following scenarios best illustrates a member of congress supporting pork-barrel legislation?

ideological divisions within congress can lead to partisan gridlock

which of the following scenarios illustrates Washington's concerns?

a member of congress votes to close a popular tax loophole based on the belief that the money would be better spent by paying down the national debt

which of the following scenarios is an example of the trustee model of representation?

Fiscal Federalism

which type of federalism is characterized by a pattern of competitive grants

Congress

who can propose amendments to reverse a supreme court ruling?

Supreme Court

who has power of judicial review? -Declare laws or presidential acts unconstitutional

Criticisms of the Bureaucracy

➢ "Red Tape": Process maze that can overwhelm citizens. o Rules o Regulations o Paperwork ➢ Conflict: Agencies working against each other's ends. ➢ Duplication: Two agencies appear to be doing the same thing. ➢ Unchecked Growth: Needless agency growth, or escalated costs. ➢ Waste: Spending more on products and/or services than is necessary. ➢ Lack of Accountability: Difficulty in firing or demoting incompetent bureaucrats.

Independent Regulatory Agencies (Commissions)

➢ Created to protect the public by setting standards in a specific field of activity. o Make rules for large industries and businesses that affect the public interest. ➢ Led by small commissions appointed by the president. o Confirmed by the Senate. ➢ Extraordinary degree of independence to act as watchdogs of federal government. o Terms overlap term of appointing president. ➢ Cannot be removed by the president during their terms in office. o Minimizes White House pressure. ➢ Experts in their field fill in the gaps of legislation. o Congress not entirely subject knowledgeable. ▪ EX.: Environmental committee members don't typically have chemistry degrees

The President and the Bureaucracy

➢ Presidents have the power to appoint senior agency heads and subheads. o Gives president influence over the agency. ➢ President can reorganize or reduce an agencies staff. o Reduces effectiveness. ➢ Presidential power is limited though. o Senate must approve president's appointments. o Agency heads also develop loyalty to the agency. ▪ Don't always aggressively pursue a president's policy agenda. ➢ The president can use executive orders to control the bureaucracy. o Directive, order, or regulation directly from the President. ▪ Based on constitutional or statutory authority. ▪ Have the force of a law. ➢ The president can use the Office of Management and Budget to cut or add to an agency's budget. o Congress, though, has final say. ▪ Sole power to appropriate funds to an agency.

Independent Executive Agencies

➢ Resemble cabinet departments, but smaller and less complex. o Narrow areas of responsibility. o Broad Presidential oversight. ➢ NASA: National Aeronautics and Space Administration ➢ Environmental Protection Agency (EPA): Created in 1970. o Enforces environmental laws passed by Congress.

McCulloch v. Maryland

⦁1816: Congress chartered the Second Bank of the United States. ⦁1818: Maryland state legislature imposed a tax on the Baltimore branch. -James McCulloch, head cashier of the branch, refused to pay the tax. -Maryland state courts ruled against him. -Appealed to the Supreme Court. ⦁Two central questions. -Did Congress have the authority to charter a bank? -Does a state have a constitutional right to tax an agency of the U.S. government? ⦁Unanimous opinion led by Chief Justice Marshall. -Constitution does not have the word "bank" in it. -Congress has enumerated powers to impose taxes, issue a currency, and borrow money. ⦁Creating a bank was within the implied powers of Congress. -Cited the "necessary and proper" clause. -Chartering the bank would help Congress exercise its enumerated powers. ⦁Maryland law ruled unconstitutional. -The state tax violated the supremacy clause. -Article VI, Clause 2: Constitution is the supreme law of the land. -"The power to tax is the power to destroy." -Taxing a federal agency would give the state supremacy over the federal government. ⦁Decision in McCulloch had far-reaching consequences. -Confirmed the right of Congress to utilize implied powers to carry out its expressed powers. ⦁Build interstate highways. ⦁Regulate labor-management relations. ⦁Inspect food and drugs. -Validated supremacy of national government over states. -States cannot interfere with or tax legitimate activities of the federal government

Andrew Jackson and Universal Manhood Suffrage

⦁1828: First President not chosen from a small group of Eastern elites. -11 new states had been added by then. -Rapid westward expansion. -A president from Tennessee instead of Virginia was a welcome change to voters. ⦁Party politics became more important in the Jacksonian era -Rewarded loyal followers with federal appointments. ⦁First to use the veto power extensively.

United States v. Lopez

⦁1992: Alfonso Lopez was arrested for bringing a concealed weapon into his San Antonio high school. -Charged in Texas state court for violating a Texas law. -Next day: Charged with a federal offense for violating the Gun-Free Schools Act. -Because federal laws have supremacy over state laws, the state charges were dismissed so that Lopez could be charged at the federal level. -Found guilty of a federal crime. ⦁Lopez appealed to the Supreme Court. -His lawyers argued that he should not be charged with violating a federal law since schools were under state ⦁ jurisdiction. -Not federal jurisdiction: Congress did not have the right to pass the Gun-Free School Zones Act of 1990 in the first place. -The federal government argued that the law was within Congress's power as it fell under the Commerce Clause of the Constitution. -Gives Congress the power to regulate trade with other countries and between states. ⦁The Supreme Court sided with Lopez. -5-4 decision -1990 Gun-Free School Zones Act did violate the Constitution. -Congress was overreaching its powers granted under the commerce clause. -May not use the commerce clause to make possession of a gun in a school zone a federal crime. ⦁The ruling brought a new phase of federalism. -Recognized the importance of state sovereignty and local control.

House of Representatives

⦁435 Members ⦁1 seat for every 700,000 people. ⦁At least 25 years old. -U.S. citizen for 7 years. ⦁Resident of their district. ⦁Two-year terms (No Limit). ⦁The Framers expected that the House members would be more responsible to the people. ⦁Direct election. ⦁Reelection every two years.

introducing bills

⦁Approx. 5,000 bills are introduced each year. ⦁Only about 125 (2.5%) are made into law. ⦁Many legislative obstacles defeat most bills. ⦁Bicameral Nature. ⦁Complex Committee System. ⦁Lengthy ⦁Deliberate ⦁Fragmented ⦁Characterized by negotiation and compromise. ⦁Anyone can write a bill. ⦁Most are not written by Congress. ⦁Most originate in the executive branch. ⦁Business, labor, agriculture, and other interest groups often draft bills.

power to impeach federal officials for significant abuses of power

⦁Article I: Congress' most direct form of oversight. ⦁The House has the power of impeachment. ⦁Votes to impeach officials. ⦁To charge the president, the vice president, or other "civil officers." ⦁Fairly vague on both the process and the offenses. "Treason, bribery, or other high crimes and misdemeanors." ⦁The Senate conducts impeachment trials. ⦁2/3 of the Senate must agree before removal from office. ⦁Historically, the House has voted to impeach only 17 federal officials. ⦁Only four resolutions against presidents have resulted in further action: ⦁John Tyler was charged with misconduct and corruption in 1843. ⦁House later rejected those charges. ⦁Andrew Johnson was charged with serious misconduct in 1868. ⦁Senate acquitted him by one vote. ⦁Richard M. Nixon was charged with obstruction of justice and abuse of power in 1974. ⦁Resigned before the full House voted on the matter. ⦁Bill Clinton was charged with perjury and obstruction of justice in 1998. ⦁Acquitted by the Senate.

Consequences of budget deficits

⦁Budget deficits require huge interest payments. ⦁2008: Federal government paid $249 billion just to service the debt. ⦁Budget deficits place a heavy burden on future generations. ⦁Budget deficits make it difficult to fully fund key policy goals.

senate confirmation of executive branch nominations

⦁Cabinet offices and Ambassadorships ⦁Federal Judgeships and Supreme Court nominations ⦁Congress can reject nominees. ⦁Senatorial Courtesy: President consults senior Senator of his party of a given state before nominating any person to a federal vacancy within that Senator's state. ⦁Unwritten political custom. ⦁Limits controversy. ⦁The "blue slip" process: Senators make known their approval or disapproval of a nominee. ⦁May choose not to comment at all. ⦁"Blue Slipping" can also refer to legislation in Congress. ⦁Used by House on Senate. ⦁Rejection slip given to Senate tax and spending bills that have not originated in the House. ⦁Origination Clause of the Constitution (⦁ Article I, Section 7, Clause 1) ⦁House has exclusive authority to introduce bills raising revenue.

congressional review

⦁Check on the executive branch. ⦁Investigates charges of corruption and waste. ⦁Holds hearings to question agency officials. ⦁Determine if laws are being enforced and interpreted as intended. ⦁Often televised. ⦁All committee chairs have subpoena power. ⦁Legally compel witnesses to appear and testify. ⦁Committee hearings and floor debates increase public awareness. ⦁Focus national attention on important issues. ⦁Gun Control ⦁Social Security Reform ⦁Health Care Reform ⦁Committing troops abroad.

implied powers

⦁Clause 18: "Necessary and Proper" clause. ⦁"Make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers." ⦁Interpreted by the Supreme Court to mean that Congress can use this power, along with its other powers, to increase the scope of its authority ⦁Often at the expense of the states. ⦁Not always in ways the Framers may have intended. ⦁Ability of Congress to handle unforeseen future issues. ⦁Enacting legislation that addresses a wide range of economic, environmental, and social issues

Congress and the people

⦁Congress is the branch of government that was intended to be closest to the people. -Often called the people's branch. ⦁Should members vote in accordance with their constituents? ⦁Should members do what is best for the country? ⦁Oldest Constitutional Dilemma ⦁Madison believed national law should transcend local interest. ⦁Legislators should make compromises among competing societal interests. ⦁Legislators should not be captured by special interests. ⦁Now, many interest groups hold a great deal of power.

War Powers Resolution

⦁Constitutional division of power. ⦁Congress can declare war. ⦁Senate ratifies treaties. ⦁The President as the commander-in-chief can wage war and negotiate treaties.

Custom Duties (Tariffs)

⦁Custom Duties (Tariffs): Taxes levied on goods brought into the U.S. from abroad. ⦁Prior to the income tax, custom duties were the federal government's largest source of income. ⦁Currently, they generate approximately 1.1% of federal tax revenue

The President is considered the Chief Diplomat

⦁Derived from the delegated powers of the Constitution. -Congress usually defers in foreign affairs. ⦁Has sole power to recognize nations. -Carter recognized the People's Republic of China. ⦁President can also terminate relations with other nations. -Carter severed ties with Iran. ⦁President has sole power to negotiate treaties with other nations. -Senate has the power to ratify or reject treaties by a 2/3 vote. -Legislative check on the executive. -Woodrow Wilson negotiated the Treaty of Versailles. -Ended WWI. -The Senate rejected the Treaty of Versailles. ⦁Appoints all ambassadors subject to Senate confirmation -Receives ambassadors and foreign ministers.

Barron v. Baltimore

⦁Does the due process clause of the Fifth Amendment apply to actions of the states. -John Barron, a Baltimore businessman, ran a docking business off the city's wharf. -During construction, the city dumped dirt onto Barron's wharf. -Barron sued the city and state for damages. -Argued that the city took his lands "without just compensation." -Eminent Domain: Guaranteed by the Fifth Amendment. ⦁The Marshall Court ruled that Barron had no federal claim (5th Amendment). -Enumerated rights contained in the Bill of Rights bound only the national government. -The city, not the federal government, was responsible for the dirt, so Barron had no recourse.

senate

⦁Each state has two members in the Senate, regardless of population. ⦁100 Members ⦁At least thirty years old. ⦁U.S. citizen for 9 years. ⦁Resident of their state. ⦁Six-year staggered terms (No Limit). ⦁Every 2 years 1/3 of them face reelection. Originally, senators were selected by their state's legislature. ⦁Changed with 17th Amendment (1913) ⦁Voters now directly vote for their state's senators.

Barriers to achieving a balanced budget

⦁Entitlement programs now count for more than 60% of the federal budget. ⦁This limits what the President and congress can do to achieve a balanced budget. ⦁Federal agencies assume that their annual budgets will increase by a small amount each year. ⦁Incrementalism: The process of small but regular budget increases. ⦁Since this is built into the budgetary process, it is difficult to make spending cuts. ⦁The fragmented federal system enables interest groups to fight budget changes. ⦁They can lobby to resist tax increases. ⦁They can lobby to defend favored programs.

Strong leaders of the 20th century increased the power of the executive

⦁FDR and the Great Depression. -Unprecedented economic challenges. -States couldn't fix problems on their own. -The New Deal: The bureaucracy built to execute these laws exponentially increased the size and scope of the federal government. -Established trend of increasing presidential influence on the legislative process. ⦁FDR also led the nation during a major war. -Required to exert presidential leadership in two extraordinary circumstances. -Both domestic and foreign policy. ⦁Since WWII Presidents have used war powers to expand executive power. -Congress has not formally declared war since December 8, 1941, but: ⦁Korean War ⦁Vietnam War ⦁Persian Gulf War ⦁Iraq War -Why? War in a nuclear world. ⦁Nations destroyed in minutes. ⦁Congress is slow. ⦁1964, Gulf of Tonkin Resolution: LBJ given broad military power. -Unlimited troops. -Unlimited time. ⦁Unlimited toll on America. ⦁Unable to resolve the crisis. ⦁1973, War Powers Resolution: Congressional response to Vietnam. -President must notify Congress within 48 hours of deploying troops. -Troops must return home from hostilities within 60-90 days unless Congress extends time. ⦁The Supreme Court has never ruled on the War Powers Resolution. ⦁Congress has never invoked it.

leadership in the house of representatives

⦁Larger than the Senate from the beginning. ⦁More formal structure. ⦁Governed by stricter rules. ⦁EX.: Debate much more restricted in House.

fragmented power

⦁Majority interests checked. ⦁Minority Interests protected.

the supreme court and redistricting

⦁Must be equally populated. ⦁Must be contiguous: Boundaries drawn with a single line. ⦁Baker v. Carr (1962): Supreme Court allowed citizens to challenge constitutionality of districts. ⦁Based on Equal Protection Clause of the 14th Amendment. ⦁Initiated the "one person, one vote" doctrine. ⦁Diluting minority strength violates the Voting Rights Act of 1965. ⦁Minority-Majority Districting: 1982, Congress amended the Voting Rights Act. ⦁Encouraged states to create districts with heavy minority concentrations. ⦁Allows more minority candidates to get elected. ⦁1990 census, many states redrew congressional districts. ⦁Increased African American representation by 50%, Hispanic by 70%. ⦁Some were redrawn in bizarre shapes. ⦁Shaw v. Reno (1993): Race can be considered when redistricting if it is not the "predominate" factor.

Effective presidents are good politicians

⦁Must spend time persuading people to support his agenda. -Many different views and interests to account for. ⦁Three target audiences: -Fellow Politicians and Leaders in Washington -Party Activists and Officeholders outside of Washington -The General Public ⦁Theodore Roosevelt, first to speak directly to the public to gain support for his policy agenda. -He believed this power gave him a "bully pulpit." -FDR and Fire Side Chats ⦁Television and the Press Conference -State of the Union televised too. -Appearances on talk shows. ⦁Address the voters in prime time. ⦁Obama and social media.

Gibbons v. Ogden

⦁New York legislature granted Aaron Ogden an "exclusive license" to operate a ferry service. -Hudson River between New York and New Jersey. ⦁Simultaneously, Congress licensed Thomas Gibbons to do the same thing. ⦁Ogden claimed that Gibbons infringed on the monopoly rights granted him by the NY legislature. -NY ruled against him, so he appealed to the Supreme Court. ⦁Two central questions. -Did New York violate the Constitution by trying to regulate interstate commerce? -Does Congress have the exclusive right to regulate interstate commerce? ⦁The Supreme Court defined commerce as all commercial business dealings. -Commerce includes the production, buying, selling, renting, and transporting of goods, services, and properties. ⦁Because Congress regulates all interstate commerce, the Court sided with Gibbons. -He could use the Hudson River too. ⦁Marshall's decision created a broad definition of commerce. -Enabled Congress to promote economic growth by supporting the construction of roads, canals, and railroad lines.

The Committee system

⦁Once introduced, bills are assigned a number and sent to the appropriate committee. ⦁Much of the work that Congress does is handled in committee. ⦁Dominant role in policymaking. ⦁Serve as mini-legislatures. ⦁Investigation, Debate, Research ⦁Handle what would take too long in full Congress. ⦁Particularly important in the House. ⦁More committees than Senate. ⦁More specialized. ⦁Reps considered to be more expert than Senators. ⦁Majority Party holds all committee chairs. ⦁Majority party owns majority of seats in committee.

Political parties in congress

⦁Party affiliation is the most important factor in determining a congressperson's vote. ⦁Party unity is a measure of the solidarity of members of a party. ⦁Until the 1970s Congress frequently negotiated and compromised. ⦁No longer the case. ⦁Since the 1990s Congress has become increasingly polarized and partisan. ⦁Most votes made along party lines. ⦁90% of legislation most recently. ⦁Maintaining unity takes political moves by congressional leaders. ⦁Promise of key committee assignments. ⦁Re-election campaign support. ⦁Threats of lack of support. ⦁President plays a role too. ⦁Especially during times of unified government. ⦁One party controls Congress and the presidency. ⦁Can act as chief of the party and coerce members to support his legislation. ⦁Recently issues with party unity have further held up legislation. ⦁Ideological factions within parties have caused splits and discord. ⦁Difficult even to obtain majorities within the party.

Recently, Americans have questioned motives and dedication.

⦁Party polarization has created gridlock. ⦁The Framers intended the process to be slow and deliberate. ⦁They also intended for representatives to compromise and negotiate. ⦁This is not happening. ⦁Shut Downs in 2013 and 2018. ⦁Congressional approval ratings hit an all-time low of 9% in 2014. ⦁Congressmen get higher approval ratings in their districts. ⦁Congress as a whole gets low ratings. ⦁Thus, Incumbency advantage even though Americans are sick of the institution. ⦁"Love my Congressmen, Hate Congress."

Media influences how the public perceives the president

⦁Possesses advantage over Congress with media attention. -President represents entire nation. ⦁Members of Congress represent a district or a state. -President considered "leader of the free world." -President is more powerful than any one congressperson. -President speaks with a single voice. ⦁Congress has 535 competing voices.

Working with a divided government

⦁Presidency and Congress controlled by different parties. -Also, when both chambers of Congress are under different party control. -Frequent since 1968. -Many consequences: -Heightened partisanship. -More difficult for moderates to negotiate compromises. -Slowed the legislative process. -Created gridlock. -Led to a decline in public trust of government. ⦁Particular problems for presidential appointments: -Stricter committee scrutiny. -Narrowed field of candidates. -Character attacks on nominees. -Scares potentials away.

the heads of foreign governments.

⦁Presidents may negotiate executive agreements with........ ⦁Executive Agreement: Pact between president and head of a foreign nation. -Presidents have relied more and more on them rather than formal treaties. -Do not have to be approved by the Senate. -Not part of American law. -Not binding on future presidents.

Advantages of Federalism

⦁Promotes diverse policies. -Encourages experimentation and creative ideas. ⦁Provides multiple power centers. -Makes it difficult for any one faction or interest group to dominate government policy. ⦁Keeps the government close to the people. -Increased opportunities for political participation.

Disadvantages of Federalism

⦁Promotes inequality. -States differ in the resources they can devote to providing public services. ⦁Enables local interests to delay or ignore majority support for policy. ⦁Creates confusion. -Different levels of government make it difficult for citizens to know what governments are doing.

Congressmen also help constituents deal with government

⦁Receive and act on complaints about federal services. ⦁Sponsor voters who seek scholarships or federal contracts. -Solicit constituents' suggestions for improvement.

The Formal Powers of the President

⦁Required to address Congress on the State of the Union. -Allows for basis of agenda setting. ⦁Can bring issues to the attention of Congress "from time to time." -Congress makes laws, but president is expected to make policy proposals. -FDR set the precedent with the New Deal. ⦁The veto power gives the President legislative options to check Congress. -Sign a bill into law. -Veto the bill with written justification. -Congress can override the veto with 2/3 vote in both chambers. ⦁Wait 10 days. -If Congress is still in session it becomes law. -Not his fault if it goes bad. -If Congress is adjourned he can pocket veto. ⦁Congress is typically unable to override a presidential veto. -Less than 10% in U.S. history. ⦁Presidents often threaten to veto to get Congress to modify a bill. -Congress often inserts provisions the president wants into an objectionable bill to avoid a veto. -Vetoed bills are often revised and passed in another form. ⦁The president must accept or reject an entire bill. -No line-item veto: Can't veto portions of a bill. -Many state governors have the line-item veto. -Congress gave the President that power in 1996. -Hoped he would cut down on pork and earmarks. -Supreme Court called it unconstitutional 2 years later. -Called it an unconstitutional expansion of President's veto power. -Needs a constitutional amendment to be enacted.

leadership in the senate

⦁Smaller, less formally organized. ⦁The Constitution makes the Vice President the President of the Senate. ⦁Votes only to break a tie.

The President is the Commander-in-Chief

⦁Specifically mentioned in the Constitution. -Congress declares war, but President can deploy troops.

Lincoln and the Civil War

⦁Suspension of the Writ of Habeas Corpus. -Rights to trial and unlawful imprisonment codified in the Constitution. ⦁Blockade of Southern ports. ⦁Challenge of keeping the country together. -Role as Commander-in-Chief. -Inherent powers allowed him to circumvent the Constitution in a time of war or national crisis.

redistricting

⦁The Constitution does not define or discuss congressional districts. ⦁1842: Congress stipulated all seats in the House would be from single-member districts. ⦁State legislatures tasked with drawing boundaries. For many years states often drew districts of unequal sizes and populations. ⦁Some citizens had better access to their representatives than others. ⦁Gerrymandering: So influenced by politics that it produces a district with a strange shape. ⦁Majority party ensures maximum number of seats. ⦁Protects incumbents and discourages challengers. ⦁Weakens minority party. ⦁Increases or decreases minority representation

Fiscal Federalism

⦁The distribution of power between federal and state governments to meet the needs of societal changes is reflected in fiscal federalism. ⦁2010: State and local governments received $480 billion in federal grants. -Accounted for approx. 21% of all funds spent by state and local governments. ⦁Categorical Grants: Made for specific, carefully defined purposes. ⦁Interstate Highways Wastewater Treatment Plants -Increase the power of the federal government. -States must comply with the spending regulations. ⦁Block Grants: Made for broadly defined purpose. -Broad discretion given to states to spend the money. -"Homeland Security" -"Community Development" -Increase the power of state governments. -They spend money on those programs as they see fit. ⦁Mandates: Rules telling the states what they must do to comply with federal regulations. -Civil Rights and Environmental Protections are most common. -State programs may not discriminate against people. -Race, Sex, Age, Ethnicity ⦁Unfunded Mandates: Require state and local governments to provide services without funding from the federal government. -1986 Handicapped Children's Protection Act -Required public schools to build access ramps and provide special buses. -Did not provide federal funds to pay for them. -2001 No Child Left Behind Act -Federal regulation of public schools. -Everything from increased standards to class sizes. -Local governments pay for all of the changes. ⦁Devolution: Transferring responsibilities from federal to state and local governments. -New Federalism: Most significant trend in federal-state regulations in the 1980s. -President Reagan's plan to return power to the states. -Making states more responsible for federal programs. -This allows solutions to take place locally where needs can be different. -1996 Welfare Reform Act -Gave states money to run their own welfare programs -Wide discretion to transfer people from welfare to work.

strategies to overcome a divided government

⦁Use the media to generate public support. -Reagan and Clinton were master communicators. -Very powerful tool in pressuring Congress. ⦁Threaten to veto objectionable legislation. ⦁Make deals with key congressional leaders. ⦁Build coalitions with key interest groups. ⦁Increase reliance on the White House staff.