POL Study Guide #3
Executive Agreement
A formal agreement between the U.S. president and the leaders of other nations that does not require Senate approval.
Delegate
A person appointed or elected to represent others. Acting on the express preferences of their constituents
pocket veto
A pocket veto occurs when the president does nothing and Congress adjourns while the bill remains in the president's "pocket." If this happens, the bill dies and does not become a law. If, however, the president does nothing and Congress remains in session, the bill automatically becomes law after 10 days. (example: an indirect veto of a legislative bill by the president or a governor by retaining the bill unsigned until it is too late for it to be dealt with during the legislative session.)
Staff Agency
agencies serve in a support capacity.They aid the chief executive and other administrators by offering advice and other assistance in the management of the organization. They are designed to provide the legislative branch with resources and expertise independent of the executive branch. These agencies include the Congressional Research Service, which performs research for legislators who wish to know the facts and competing arguments relevant to policy proposals or other legislative business
Bill
a proposed law that has been sponsored by a member of Congress and submitted to the clerk of the House or Senate
substantive representation
Theory of representation that says that anyone can represent any group (ex. a rich white guy can represent the interests of poor black people). Compare to Descriptive Representation.
Reappointment
the process of reassigning representation based on population, after every census. Process by which representative districts are switched according to population shifts, so that each district encompasses approximately the same number of people,
Bills in the House are considered under 3 basic types of rules:
1) "closed" rules, which allow no amendments, (2) "structured" rules, which allow only certain specified amendments, and (3) "open" rules, which allow the offering of any amendment so long as it complies with the basic rules of the House.
Three responsibilities of Congress
1. Oversight when the laws looking to be implemented. 2.Writting laws 3. Budgeting
descriptive representation
A belief that constituents are most effectively represented by legislators who are similar to them in such key demographic characteristics as race, ethnicity, religion, or gender
conference committee
Conference committees are temporary committees whose members are appointed by the Speaker of the House and the presiding officer of the Senate. These committees are charged with reaching a compromise on legislation once it has been passed by the House and the Senate. Conference committees can play an important role in determining the laws that are actually passed because they must reconcile any differences in the legislation passed by the House and Senate
delegated powers
Congress gives power to the president. Powers specifically given to the federal government by the US Constitution, for example, the authority to print money.
Baker vs. Carr
One man, one vote
Article 2 Section 2
POWERS OF THE PRESIDENT The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment. He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the
Close rule
means no amendments may be offered on the floor. Set time limits on debate.
inherent powers
powers claimed by a president that are not expressed in the Constitution but are inferred from it. Powers are those not explicitly stated in the Constitution that allows the government to take actions, which are needed to efficiently perform essential duties.
House of Representatives
the lower house of Congress, consisting of a different number of representatives from each state, depending on population (435 Members) Minimum age of member 25 years, US Citizen 7yrs, Length of Term 2yrs,
Incumbency
the period time during which one is in office (elected government official position). Once in office they make thing favorable for themselves to get re-elected. Their success in doing so is evident in the high rates of re-election for congressional incumbents. "during his incumbency he help establish a new law."
Implementation
the process by which a law or policy is put into operation. how laws are interpreted and put into programs.
Criminal Cases
when the government files a case in court to punish someone (the defendant) for committing a crime. the person or entity that files the lawsuit is called the plaintiff. The person or entity being sued is called the defendant.
conference
A gathering of House Republicans every two years to elect their House leaders; Democrats call their gathering the "caucus"
Structure Rules
A limited number of specific amendments can be offered to a bill.
executive order
A rule issued by the president that has the force of law. Example: .imposing a number of important policies, including the purchase of the Louisiana Territory, the annexation of Texas, the emancipation of enslaved people, the wartime internment of Japanese Americans, the desegregation of the military, the initiation of affirmative action (eliminate unlawful discrimination among applicants)
Omnibus Bill
A single document that is accepted in a single vote by a legislature but contains amendments to a number of other laws or even many entirely new laws. Combines all or many of the smaller appropriations bills into a single package that can be passed with one vote in each house of Congress
signing statement
A written declaration that a president may make when signing a bill into law. Usually, such statements point out sections of the law that the president deems unconstitutional.
appropriations bill
An act of Congress that actually funds programs within limits established by authorization bills. Appropriations usually cover one year. The amount of money approved by congress and give authorization to spend state and federal funds.
Pendleton Act of 1883
Created the *Civil Service Commission* to ensure that hiring of federal employees was based on examinations and merit rather than political patronage. *Historical Significance:* Significantly reduced federal patronage from powerful office-seekers thus forcing politicians to look increasingly to corporations for campaign funds.
Article 2 Section 1
EXECUTIVE POWER, ELECTION, QUALIFICATIONS OF THE PRESIDENThe executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as followEach State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.The electors shall meet in their respective States, and vote by ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the
Ping ponging
House and Senate leaders have developed procedures for amendments to go back and forth between the relevant House and Senate committees to reconcile differences between bills or major measures without convening a conference committee at all.
hate crime
a crime motivated by racial, sexual, or other prejudice, typically one involving violence.
Whip
Is an official of a political party whose task is to help in strategizing, keeping party members informed, counting votes, building support for key issues, etc. Assistant to the floor leader in the house of representatives or senate. Both party conferences in the Senate elect whips.
joint committee
Joint committees involve members from both the Senate and the House. There are four such committees—economic, taxation, library, and printing; they are permanent but do not have the power to present legislation. The Joint Economic Committee and the Joint Taxation Committee have often played important roles in collecting information and holding hearings on economic and financial issues.
U.S.Senate
Made up of 2 from each state. Minimum age of members 30yrs, US citizen 9 yrs, Term 6yrs, Total # of Senators 100
Modified open rules
Modified open rules allow only amendments that have been preprinted in the Congressional Record, or may put a time limit on consideration of amendments, or may put both of these types of restrictions in place.
Gerrymandering
Process of redrawing legislative boundaries for the purpose of benefiting the party in power. manipulate the boundaries of (an electoral constituency) so as to favor one party or class.
Constituency
THE VOTERS> the residents in the area from which an official is elected. For example if your zip code is 33145 then your representative is Maria Elvira Salazar. In theory, members' primary responsibility is to the people in their district or state—their constituency—not to the congressional leadership, a party, or even Congress itself.
Lower courts
The Constitution also grants Congress the power to establish courts inferior to the Supreme Court, and to that end Congress has established the United States district courts, which try most federal cases, and 13 United States courts of appeals, which review appealed district court cases.
minority leader
The principal leader of the minority party in the House of Representatives or in the Senate.
Redistricting
The redrawing of congressional and other legislative district lines following the census, to accommodate population shifts this happens every 10 years. Majority of state legislators are allow to redistrict the map of their state and governor must sign.
unorthodox lawmaking
The use of out-of-the-ordinary parliamentary tactics to pass legislation. a set of legislative procedures that deviates from regular order; reflects a greater level of control from party leaders and less deliberation from members
Article 3
There are several layers of federal and state courts. The most important cases go all the way to the U.S. Supreme Court.. There are no numbers attached to the supreme court, it began with 6 justices. When Ulysses S. Grant became president it changed that. It Expanded to 9 justices in 1837 due to the western expansion. There are 9 to 12 Supreme court justices. All Justices are nominated by the President, confirmed by the Senate, and hold their offices under life tenure.
Open Rule
They allow for amendment from the floor to the house. Allow any member to offer an amendment that complies with the standing parliamentary rules of the House.
Pork Barrel
When money is set aside by legislative bodies for local projects that are often not needed but that are created so that local representatives can win re-election in their home districts (designed to please voters for votes)
Veto
a constitutional right to reject a decision or proposal made by a law-making body. the president's constitutional power to turn down acts of Congress; a presidential veto may be overridden by a two-thirds vote of each house of Congress
Article 2 Section 4
[IMPEACHMENT]The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors
Article 2 Section 3
[POWERS AND DUTIES OF THE PRESIDENT] He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.
bicameral legislature
a lawmaking body made up of two chambers or parts. Congress has two houses: the House of Representative and the Senate.
Trustee
a representative who votes based on what he or she thinks is best for his or her constituency
Cloture
a rule or process in a legislative body aimed at ending debate on a given bill; in the U.S. Senate, 60 senators (three-fifths) must agree in order to impose a time limit and end debate
Markup
a session in which committee members offer changes to a bill before it goes to the floor
Criminal Law
a system of law concerned with the punishment of those who commit crimes.
oversight
as applied to Congress, usually refers to the effort to oversee or supervise how the executive branch carries out legislation.
Multiple referendum
bills are sent to several committees rather than just one for consideration and markup. Multiple referral often works to expand the power of party leaders and reduce the power of committees by preventing any one committee from blocking a piece of legislation. Leaders can even assign a bill to committees sequentially, so if they don't like what one committee does with a bill, they take their chances with another.
Judicial Procedures Reform Bill of 1937
central provision of the bill would have granted the president power to appoint an additional justice to the U.S. Supreme Court, up to a maximum of six, for every member of the court over the age of 70 years.
Severability
if the supreme court finds any element of a bill unconstitutional, they have the right to take that part out. process by which the supreme court strikes down a law
role-call vote
in which members' individual votes are recorded, can occur in either chamber. The Constitution requires that a roll-call vote be held if it is demanded by one-fifth of a quorum. Since a quorum is defined by the Senate as 51 senators, one-fifth of a quorum equals 11 senators. In the House, a minimum of 144 members is necessary to require a roll-call vote.
Filibuster
is a political procedure in which one or more members of a legislative body prolong debate on proposed legislation so as to delay or entirely prevent a decision.
expressed powers
powers of the national government explicitly listed in the Constitution.specific powers granted by the Constitution to Congress (Article I, Section 8) and to the president (Article II) Military. Article II, Section 2, provides for the power as "Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called in to the actual Service of the United States." Judicial. Article II, Section 2, also provides the power to "grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment." Diplomatic. Article II, Section 2, further provides the power "by and with the Advice and Consent of the Senate to make Treaties." Article II, Section 3, provides the power to "receive Ambassadors and other public Ministers." Executive. Article II, Section 3, authorizes the president to see to it that all the laws are faithfully executed; Section 2 gives the power to appoint, remove, and supervise all executive officers and to appoint all federal judges. Legislative. Article
implied powers
powers that congress has that are not stated explicitly in the constitution. power is one that can be said to be necessary to allow presidents to exercise their expressed power. For example, the Constitution expressly gives the president the power to appoint "all other officers of the United States . .(example: collect taxes, borrow money, raise an army..)
Miller vs. Johnson
supreme court limited racial redistricting by ruling that race could not be the predominant factor in creating electoral districts
Select committees
temporary legislative committees set up to highlight or investigate a particular issue or address an issue not within the jurisdiction of existing committees
Federal Reserve
the central bank of the United States, provides the nation with a safe, flexible, and stable monetary and financial system.
Speaker of the House
the chief presiding officer of the House of Representatives; the Speaker is the most important party and House leader and can influence the legislative agenda, the fate of individual pieces of legislation, and members' positions within the House.
executive privilege
the claim that confidential communications between a president and close advisers should not be revealed without presidential consent.
majority leader
the elected leader of the majority party in the House of Representatives or in the Senate