Unit 2: Interaction Among Branches of Government
What precedent did Plessy v. Ferguson (1896) establish?
"Separate but equal" to justify racial segregation even in schools
What are the reform proposals to the Electoral College?
1. Direct Election with National Popular Vote 2. Congressional redistricting Method
Why did the Framers settle on a bicameral legislature?
1. Great compromise: large states wanted representation based on population, small states wanted equal representation. Result was the lower house, the House of Representatives, being apportioned by population and the upper house, the Senate, offered all states two senators for the purpose of equal representation. 2. Similar to the British system: House of Commons (more subject to public pressure) and House of Lords (elite aristocracy): Framers wanted balance between popular and elite role (Senate was originally chosen by state legislatures)
What are some powers unique to the House of Representatives?
1. Impeachment proceedings start here 2. Taxation and revenue bills originate here Power is centralized to the Speaker of the House and those close to the Speaker Bills first go to Speaker, Speaker decides which committee to send it to, Rules Committee decides how bills are debated, hierarchical, more efficient
How does Congress oversee the bureaucracy?
1. It has power of the pursue so it can decide which agencies get funding and what portion of discretionary spending is allocated to each 2. Committee hearings where the appropriate committee will call in leaders of the executive agency to question them
How does the President oversee the bureaucracy?
1. Make appointments to the upper layer of the bureaucracy 2. Can fire department heads 3. Can shift responsibilities from one part of the bureaucracy to another 4. Executive orders to clarify how the bureaucracy should interpret the law
In what ways have the presidential power grown?
1. Presidents have cited the Vesting Clause to carry out their authority. Examples: execution of statutes, foreign affairs, emergency power - When Lincoln came into power, Congress was not in session and the Civil War was happening so he had to respond in real time without Congressional approval 2. Implicit powers of removing people from the Cabinet - ratified by the Supreme Court
What if the president doesn't like Congress's laws?
1. The Executive has veto power and can overrule laws 2. Congress can override a veto with a supermajority, hold oversight hearings, defund agencies, confirm presidential appointments, can hold impeachment trials
What was the outcome of Marbury v. Madison?
1. The President is not above the law, and can be subjected to a writ of mandamus 2. A writ of mandamus would be appropriate 3. But the Supreme Court does not have original jurisdiction in this case. However, there was a 1789 law that told SCOTUS it could hear cases like this so Marbury relied on this federal statute. SCOTUS ruled this statute unconstitutional, however, because it conflicted with the Constitution. This established judicial review. Marbury lost his case because the Court did not have jurisdiction.
How does a bill become a law?
1. The bill is born - An idea becomes a formal proposal. Anyone can introduce a bill. 2. Bill goes to a relevant committee - Can start in either house of Congress. 3. Bill goes to the floor - After the committee voted to have it advance. 4. Bill is debated on the floor - The Senate sometimes has filibusters. 5. Bill is voted on the floor - If passed in both houses, it gets to the President's desk. 6. The President signs it in or Congress overrides his veto - Bill becomes law
What are some powers unique to the Senate?
1. Try impeachment 2. Treaties 3. Confirmation of officials More deliberative, weaker Rules Committee, filibustering (cloture of 60 votes needed to stop it)
What checks does the president have on Congress?
1. Veto Power: can sign or reject legislation (can be overridden by a supermajority in both chambers of Congress) 2. Pardons from federal offenses 3. Discretion in enforcing laws 4. Recommending legislation to Congress 5. Informs Congress about the State of the Union
How many members are in the Senate?
100 (2 per state)
Which amendment changed how senators were appointed?
17th amendment
Marbury v. Madison
1803 case that establishes the Supreme Court's power of Judicial Review.
22nd Amendment
1951 amendment to the Constitution that created two term limits for presidents, with a maximum tenure in office of 10 years. This was in an attempt to halt the expansion of presidential power after FDR had served a consecutive four terms in office.
How can Congress override a presidential veto?
2/3 vote (supermajority) in both houses
How many members are in the House of Representatives?
435 (proportional to population)
Federalist No. 78
A Federalist Papers essay authored by Alexander Hamilton that covers the role of the federal judiciary, including the power of judicial review. Believed that the Judiciary would be the "least dangerous" because it could not collect taxes and could not wage war; it could only issue judgments. He advocates for lifelong terms on good behavior to promote judicial independence and forecasts judicial review with his ideology that the courts' duty is "to declare all acts contrary to... the Constitutional void."
Committee of the Whole
A House committee which all representatives serve on in order to consider the details of a proposed law.
Unanimous consent
A Senate requirement, applied to most of that body's business, that all senators agree before an action can proceed. Otherwise there may be holds, which lead to filibusters.
Social Security
A collection of entitlement programs paid for by employer and employee taxes to provide retirement benefits, health insurance, support for disabled workers, and support for the children of deceased or disabled workers.
Appropriations Committee
A committee of the United States House of Representatives. It is in charge of setting the specific expenditures of money by the government. There is also a Senate Appropriations Committee.
Impoundment
A decision by the president not to spend money appropriated by Congress, now prohibited under Federal law.
Federal budget
A detailed financial document containing estimates of federal income and spending during the coming fiscal year. It is a major function of Congress to pass a budget. The Appropriations Committees, in both the House of Representatives and the Senate, decide how much money goes to various programs.
Southern Manifesto (1956)
A document that repudiated the Supreme Court decision in Brown v. Board of Education and supported the campaign against racial integration in public places
Medicaid
A federal program providing medical benefits for low-income workers. This gives medicAID to workers.
Executive agreement
A formal agreement between the U.S. president and the leaders of other nations that does not require Senate approval.
Signing statements
A formal document that explains why a president is signing a particular bill into law. These statements may contain objections to the bill and promises not to implement key sections.
Precedent
A legal decision that establishes a rule for decisions on similar cases in the future.
Iron Triangle
A longstanding, mutually-beneficial relationship between an interest group, congressional committee, and bureaucratic agency who focus on similar issues, so they work together. This is more formal than the typical issue network. For example, the American Association of Retired Persons, the Congressional Subcommittee on Aging, and the Social Security Administration all work closely on issues related to seniors.
Issue Networks
A loose grouping of people and organizations who seek to influence policy formation. A group of individuals, public officials, and interest groups that form around a particular issue, usually a proposed public policy that they wish to support or defeat.
Politico
A member of Congress who acts as a delegate on issues that their constituents care about, and as a trustee on issues that their constituents don't care about. Kind of like a hybrid.
Delegate
A member of Congress who always follows their constituents' voting preferences.
Trustee
A member of Congress who considers the views of their constituents, but uses their own judgement to decide how to vote.
Medicare
A national health insurance program for the elderly and the disabled. This takes mediCARE of them.
Standing committee
A permanent committee established in a legislature, usually focusing on a policy area
Filibuster
A procedural practice in the Senate whereby a senator refuses to relinquish the floor and thereby delays proceedings and prevents a vote on a controversial issue. The hope is that the other senators that support the bill just give up and go home.
Hold
A procedural practice in the Senate whereby one or more senators temporarily block the consideration of the bill or nomination.
Cloture
A procedure for terminating debate, especially filibusters, in the Senate.
Confirmation process
A simple majority in the Senate (51/100) is enough to confirm a Supreme Court appointment. If the majority party of the Senate opposes the President, they can easily reject the appointment.
OMB (Office of Management and Budget)
A staff agency of the EOP that functions as the business division of the Executive Branch. It administers the Federal Budget and manages the performance of federal agencies.
Foreign Relations Committee
A standing committee in the Senate charged with monitoring foreign relations. The Senate is closer to foreign relations issues while the House is closer to taxation proceedings.
Rules Committee
A standing committee of the House of Representatives that provides special rules under which specific bills can be debated, amended, and considered by the House. Can decide is a bill will be voted on as the House of Representatives or as the Committee of the Whole.
Partisan
A strong supporter of one political party.
Federalism
A system in which power is divided between the national and state governments. At first, states were expected to govern within their boundaries but, as the power of the central government grew, it began to overlap and overtake state responsibilities.
Civil service
A system of hiring and promotion based on the merit principle and the desire to create a nonpartisan government service.
Pocket veto
A veto taking place when Congress adjourns within 10 days of submitting a bill to the president, who simply lets it die by neither signing nor vetoing it.
President of the Senate
AKA the Vice President of the United States, presiding over the Senate's daily proceedings.
Federal Elections Commission
Administering and enforcing the federal campaign finance law.
Department of Education
Administering educational policies to the states and promoting research on education.
Cabinet
Advisory council for the president consisting of the heads of the executive departments, the vice president, and a few other officials selected by the president.
Describe the powers of the federal bureaucracy to implement policy.
After the president signs a bill into law or issues an executive order, the federal bureaucracy is responsible for implementing that policy. Laws may lack clear, concrete details on how they should be enacted, so the federal bureaucracy has discretionary authority to make decisions on what actions to take—or not take—when implementing laws, as well as rulemaking authority to create regulations about how government programs should operate.
Inferior courts
All federal courts below the Supreme Court, which includes courts of appeals, district courts, and federal tribunals. Congress establishes these courts and manages their operations.
Judicial Review
Allows the court to determine the constitutionality of laws. The power to declare acts of the legislative branch, the executive branch, and state governments unconstitutional.
19th amendment
Amendment to the U.S. Constitution (1920) extended the right to vote to women in federal or state elections. Reversed the precedent set in Minor v. Happersett.
Discretionary authority
An agency's ability to decide whether or not to take certain actions to implement existing laws, when the laws do not detail exactly how to enforce them, giving the federal bureaucracy considerable jurisdiction over how policies are implemented.
Rulemaking authority
An agency's ability to make rules affecting how programs operate, forcing states and corporations to obey these rules as if they were laws.
Logrolling
An agreement by two or more lawmakers to support each other's bills. This speeds up the legislative process.
Coalition
An alliance of political groups pursuing a common goal.
State of the Union
An annual presidential report required by the Constitution, conventionally delivered as a speech to Congress since 1913 and televised since 1947. The president can use the State of the Union to set their policy agenda and recommend policies to members of Congress.
Waste
An area where government money is being needlessly spent.
Electoral College
An elite group of electors chosen by state legislatures who typically vote according to that state's popular vote, creating a winner-take-all system where winning 51% of a state's popular votes is the same as winning 100% of a state's electoral votes. It is possible to lose the popular vote and win the electoral college. There are 538 total electoral votes, because of 435 representatives + 100 senators + 3 for D.C. Electors cast electoral votes, not Congress!
Judicial activism
An interpretation of the U.S. constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial decisions (particularly decisions of the Supreme Court)
Flip over for question
Answer is on the next card
Elastic Clause
Article I, Section 8, of the Constitution, which allows Congress to make all laws that are "necessary and proper" to carry out the powers of the Constitution.
Vesting Clause
Article II, Section 1, of the Constitution, which states that "executive Power shall be vested in a President of the United States of America," making the president both the head of government and the head of state. Disputed whether this grants additional powers to the president.
How is the judicial branch supposed to be structured?
Article III establishes the Supreme Court (SCOTUS) but it does not specify the structure of the inferior courts as it expects Congress to dictate that.
What are the requirements to become president?
At least 35 years old, resident for 14 years, natural-born US citizen
Refer to the infographic on the other side of this card
Based on the infographic and your knowledge of the Supreme Court, which of the following statements could be considered an accurate conclusion? Choose 1 answer: a. Ideological changes in the Supreme Court can lead to the Court rejecting existing precedents b. Presidents nominate Supreme Court justices with the hope that those justices will strike down existing precedents c. The Supreme Court never overturns existing precedents for fear of undermining the legitimacy of the Court d. Presidents often seek to maintain ideological balance on the Supreme Court when appointing new justices
Constitutionalism
Basic principle that government and those who govern must obey the law; the rule of law. The federal courts use judicial review to determine whether the acts of Congress, the executive branch, and state governments comply with the Constitution. This exemplifies the principle of checks and balances by ensuring that the other branches of government cannot act outside the bounds of the Constitution without consequence.
Which body of Congress has a Rules Committee?
Both the Senate and the House
12th Amendment
Brought about by the Jefferson/Burr tie, stated that presidential and vice-presidential nominees would run on the same party ticket. Before that time, all of the candidates ran against each other, with the winner becoming president and second-place becoming vice-president.
What formal executive powers does the President have?
Can require written opinions from executive department heads, can appoint officials (need to be approved by the Senate by simple majority), can fill in vacancies of the Senate during recess, take care that laws be faithfully executed
How can Congress influence the judiciary?
Change the number of justices on the Court, can change the jurisdiction of inferior courts and the appellate jurisdiction of SCOTUS (role as court of appeals for lower courts)
Flip for the diagram!
Choose 1 answer: a. Comparison A b. Comparison B c. Comparison C d. Comparison D
Flip over (again)!
Choose 1 answer: a. Comparison A b. Comparison B c. Comparison C d. Comparison D
Flip over again ->
Choose 1 answer: a. Comparison A b. Comparison B c. Comparison C d. Comparison D
Flip over for diagram comparison
Choose 1 answer: a. Comparison A b. Comparison B c. Comparison C d. Comparison D
Flip over for the diagram please ->
Choose 1 answer: a. Comparison A b. Comparison B c. Comparison C d. Comparison D
Flip over for the question ->
Choose 1 answer: a. Comparison A b. Comparison B c. Comparison C d. Comparison D
Flip over please!
Choose 1 answer: a. Comparison A b. Comparison B c. Comparison C d. Comparison D
Question is on the other side of this card
Choose 1 answer: a. Comparison A b. Comparison B c. Comparison C d. Comparison D
Refer to the diagram on the next card
Choose 1 answer: a. Comparison A b. Comparison B c. Comparison C d. Comparison D
Refer to the other side of the card for the diagram and question
Choose 1 answer: a. Discretionary spending will increase because both parties agree on funding these programs b. Entitlement costs will remain unchanged due to laws capping program outlays c. As discretionary spending decreases, entitlement costs will also decrease d. As entitlement costs grow, discretionary spending opportunities will decrease
See the diagram (flip over please!)
Choose 1 answer: a. Entitlement spending has steadily become a larger portion of the federal budget b. Discretionary spending and entitlements have caused the federal budget to grow c. Mandatory spending is composed of discretionary spending plus net interest d. From 1973 to 1993, discretionary spending increased more than entitlement spending
What are the powers of the president?
Commander in Chief of Armed Forces, power to pardon, nominate people to the Supreme Court and Cabinet (subject to Senate approval), implied powers via the Vesting Clause
What formal foreign policy/military powers does the President have?
Commander in Chief of the Army and Navy, can make treaties (need to be ratified by the Senate with a supermajority), appoints ambassadors, receive ambassadors, confers diplomatic recognition on other governments
Conference committee
Committee appointed by the presiding officers of each chamber to adjust differences on a particular bill passed by each in different form.
Red Tape
Complicated bureaucratic rules and procedures required to get anything done.
How can Congress check the Judiciary (SCOTUS and inferior courts)?
Congress can set up and change inferior courts, can change Supreme Court justice number (originally there were 6), can impeach a justice, Senate must approval judicial appointments by a simple majority, and can check inferior courts by limiting funding and jurisdiction (but not on SCOTUS) among others
What formal legislative powers does the president have?
Convene Congress and when there is a dispute disband and adjourn it, recommend legislation, veto power, gives Congress information of the state of the union
Writ of Mandamus
Court order directing an official to perform an official duty. Important in Marbury v. Madison because Marshall had to consider whether or not he would issue this to get Madison to deliver Marbury his commission.
What tools does a Supreme Court Justice use to interpret the law?
Court precedents of the past (rule of law needs consistency), empirical facts (what would the impact of a decision be), natural law (rights beyond the Constitution from God or nature)
What are the differences between debate procedures in the Senate and the House?
Debate procedures are typically less formal in the smaller Senate compared to those of the larger House of Representatives. Shorter term-lengths in the House can make representatives more sensitive to constituent concerns than Senators, and less likely to form bipartisan coalitions in support of legislation as a result.
Article II, Section III
Establishes the president as Chief Legislator where the president has the power to shape policy and influence which bills Congress attempts to pass. Advances in communication technology have increased presidential influence over the legislative agenda.
Direct Election with National Popular Vote
Exactly what it says. The popular vote determines who will be president.
What is the largest branch?
Executive Branch
Federalists
Favored a strong central government, anglophiles, led by John Adams
Discretionary spending
Federal spending on programs that are controlled through the regular budget process. Optional payments the government is not required to make. The Appropriations Committees in the House of Representatives and the Senate decide where to make discretionary spending.
Mandatory spending
Federal spending required by law that continues without the need for annual approvals by Congress. In addition to entitlement programs, it also includes paying off net interest of the national debt.
John Marshall
Federalist from Virginia who was Chief Justice of the Supreme Court for the longest amount of time: from 1801-1835. He was appointed by John Adams and his experiences in the Continental Army and politics made him Federalist because he believed in the importance of a strong national government. Gained a reputation for nonpartisanship and unifying the Court with the Constitution and the people. He wrote Supreme Court decisions such as Marbury v. Madison and McCulloch v. Maryland, enhancing the power of the judicial branch, emphasizing the supremacy of federal law over state law.
Earmarks
Federally funded local projects attached to bills passed through Congress. They set aside some available discretionary spending for specific, local projects. They are not all good, but not all bad either.
How can presidents influence the Supreme Court?
Future appointments to change the ideological composition of SCOTUS, can refuse to enforce the rulings
Exceptions Clause Article III
Gives Congress the power to make exceptions to the appellate jurisdiction of the Supreme Court
Divided government
Governance divided between the parties, especially when one holds the presidency and the other controls one or both houses of Congress.
Entitlement programs
Government benefits that certain qualified individuals are entitled to by law, regardless of need. Examples include Social Security, Medicare, and Medicaid.
What formal judicial powers does the president have?
Granting reprieves and pardons for federal offenses, appointing Supreme Court justices
Federalist No. 70
Hamilton argues that a strong single executive is essential in the new government rather than a council of people because the blame could be pinpointed to one person. In this system, the executive would be more "energetic" and could get things done as well as listen to constituents' needs. To be an energetic executive, there are four ingredients: unity, competent powers, provision for support, and duration. He reasons that one president can act more quickly, and with more secrecy when necessary, than a larger group of leaders. He also argues that a single executive is less dangerous to democracy than a council, because it is easier to identify and remove one corrupt person than to discover who among several leaders is a bad actor.
How does Marbury sue the Executive?
He sues the executive branch directly in the Supreme Court, but the question is whether the case can be within SCOTUS's original jurisdiction and it is decided that it cannot be
Where does the bureaucracy come from?
Heads of departments are appointed by the president, the majority of the bureaucracy is merit-based and is not based on the same political patronage used to determine department heads
Budget Committee
House & Senate standing committees that begins budget process in Congress by setting overall budget size and amounts that will be spent on different topics (ex. defense, education)
What is the difference between unanimous consent and cloture?
If there is unanimous consent to vote, a simple majority is needed to pass the bill. If there is not unanimous consent and the Senate goes into a hold with filibustering, a cloture vote of 60 votes is needed to end the debating. If cloture occurs, a simple majority is needed to pass the bill.
If the Supreme Court decides something is unconstitutional, what might the Executive do?
Ignore the ruling (has happened throughout history - Lincoln suspending habeas corpus as necessary) - FDR famous for ignoring SCOTUS and proposed a bill to Congress to reform the Judiciary based on age requirements
Baker v. Carr
In 1962, the Supreme Court ruled that Tennessee had violated the equal protection clause of the 14th amendment by not redistricting for 60 years despite growth and population movement. Because Tennessee had not reapportioned its districts, people were being disproportionately represented. Charles Baker, a Tennessee voter, brought suit against the state and the Supreme Court ruled in his favor, creating the "one person, one vote" principle. The Court also expanded its jurisdiction to review state redistricting issues.
War Powers Act of 1973
In 1973, Congress passed this law which requires that soldiers sent into military action overseas by the President be brought back within sixty days unless Congress approves the action.
Shaw v. Reno
In 1993, the Supreme Court established that while legislative redistricting must be conscious of race and comply with the Voting Rights Act of 1965, it's not allowed to exceed what is reasonably necessary to avoid racial imbalances (reverse discrimination). Gerrymandering cannot be based on race.
Little Rock Nine
In September 1957 the school board in Little Rock, Arkansas, won a court order to admit nine African American students to Central High a school with 2,000 white students. The governor ordered troops from Arkansas National Guard to prevent the nine from entering the school. The next day as the National Guard troops surrounded the school, an angry white mob joined the troops to protest the integration plan and to intimidate the AA students trying to register. The mob violence pushed Eisenhower's patience to the breaking point. He immediately ordered the US Army to send troops to Little Rock to protect and escort them for the full school year.
Patronage
In the federal bureaucracy, the practice of hiring and promoting individuals based on their political support for a party or candidate rather than on their merit. Also called the spoils system. Happened in the Jacksonian Era, but is uncommon now. Political patronage often only favors department heads that may have helped get the president elected. That is not to say the spoils system does not happen today, though.
Merit system
In the federal bureaucracy, the practice of hiring and promoting individuals based on their qualifications and job performance.
How have taxes changed over time?
Individual income taxes have increased while excise taxes and corporate taxes have decreased
What is a unique power of the House of Representatives?
Initiates impeachment proceedings
Judicial independence
Insulating judges from the need to be accountable to voters or elected officials so that they can make impartial decisions based on the law. Factors which protect the Supreme Court from influence by the legislative and executive branches, such as lifelong terms and an unchanging salary for Supreme Court Justices.
Stanley Plan
It took control away from localities and preventing them from integrating schools. The Plan created a state Pupil Placement Board, staffed by segregationists, that could close schools intended for integration. White children in closed schools could request a voucher from the Gray Commission.
Election of 1800 and the corruption that went on
John Adams, the Federalist incumbent, is pitted against his former vice president, Thomas Jefferson who was a Democratic-Republican. Jefferson won the presidency and so the Federalists who controlled Congress started creating some federal judgeships before Jefferson took office and started stuffing them full of loyal partisan Federalists. One of the justices of the peace that was granted a commission was William Marbury in Washington D.C. But Secretary of State (and Chief Justice) John Marshall did not get an opportunity to deliver the judicial commission to Marbury before the administration turned over to Jefferson. Hence, it was up to Jefferson's Secretary of State, James Madison, to do this task but he refused because he was disgusted by the actions of the Federalists stuffing the judicial offices. Marbury wanted his commission and so his case was taken up by the Supreme Court.
Stare decisis
Latin word meaning "let the decision stand." This is the guiding principle of making legal decisions based on past precedents.
Democratic-Republicans
Led by Thomas Jefferson, believed people should have political power, favored strong state governments, emphasized agriculture, strict interpretation of the Constitution, pro-French, opposed National Bank
Plessy v. Ferguson (1896)
Legalized segregation in publicly owned facilities on the basis of "separate but equal."
Pork barrel legislation
Legislation giving benefits to constituents through sometimes unnecessary or unwise projects within a state or district, to enhance a member's chance of reelection. This is a type of earmark that is considered government waste.
Department of Transportation
Managing highways, rails, and air travel.
How has mandatory spending changed over time compared to discretionary spending?
Mandatory spending and net interest debt payments have increased, while discretionary spending has decreased. Mandatory spending went from under 1/3 of the budget in 1962 to nearly 2/3 of the budget in 2017. Discretionary spending went from over 2/3 of the budget in 1962 to under 1/3 in 2017.
What are the unique powers of the Senate?
More powerful: can weigh in on presidential nominations, power to ratify treaties, confirm Cabinet and Court nominees, holds impeachment trials to determine if the person should be convicted
Brown v. Board of Education
NAACP and 13 parents tried to register black students into white schools in Topeka, Kansas. The schools tried to prevent them and the case went to the Supreme Court. Oliver Brown was one of the parents trying to get his daughter into a segregated school. The Court unanimously overturns Plessy v. Ferguson under the equal protection clause of the Fourteenth Amendment.
EOP (Executive Office of the President)
Name for the group of agencies, councils, and staff members which advise the president and help run the federal bureaucracy-was established by an executive order from FDR in 1939
President Pro Tempore
Officer of the Senate selected by the majority party to act as chair in the absence of the vice president
Brown v. Board of Education (1954)
Overrules Plessy v. Ferguson (no stare decisis). Racial segregation violates 14th Amendment Equal Protection Clause ("separate is inherently unequal")
17th Amendment
Passed in 1913, this amendment to the Constitution calls for the direct election of senators by the voters instead of their election by state legislatures.
Discharge petition
Petition that, if signed by majority of the House of Representatives' members, will pry a bill from committee and bring it to the floor for consideration.
Non-legislative powers of Congress
Powers and responsibilities not directly related to the process of making new laws. Includes the impeachment, confirmation, and investigative powers.
Informal Powers of the President
Powers given to the president that are not specifically stated in the constitution. Examples: bargaining/persuasion (setting priorities for Congress), executive orders (regulations to run the government and direct the bureaucracy), signing statements (president's intended interpretation of bills passed by Congress), and executive agreements (agreements with foreign governments that are not ratified by the Senate)
Enumerated powers
Powers of the federal government explicitly named in the Constitution
Implied powers
Powers of the federal government not explicitly named in the Constitution that enable the federal government to carry out its enumerated powers.
Court Packing Plan
President FDR's failed 1937 attempt to increase the number of US Supreme Court Justices from 9 to 15 in order to save his 2nd New Deal programs from constitutional challenges
1803
President Thomas Jefferson purchased the Louisiana Territory from France. There was nothing in the Constitution that said the president could buy land from foreign countries: first instance of expansion of power in the executive
How has technology changed presidential communication?
Presidents have leveraged changes in communication technology to enhance their power by appealing directly to the American public. For example, Franklin D. Roosevelt broadcast his fireside chats over the radio, keeping the public informed of his policy goals aimed at righting the economy after the Great Depression. In the twenty-first century, presidents have used social media to reach large audiences of Americans and to respond rapidly to political issues.
Speaker of the House
Presiding officer of the House of Representatives, and de facto leader of the majority party
Department of Veterans Affairs
Promoting the welfare of armed services veterans and managing VA hospitals.
Environmental Protection Agency
Protecting human health and the environment by developing and enforcing regulations.
Department of Homeland Security
Protecting the United States from terrorist attacks, controlling borders, and minimizing damage from natural disasters.
Securities and Exchange Commission
Regulating the stock market and protecting investors from fraud.
Executive orders
Regulations originating with the executive branch. Executive orders are one method presidents can use to control the bureaucracy. Positive Example: Truman integrating the Armed Services Negative Example: FDR ordering Japanese internment Each new president can choose to continue or undo executive orders of their predecessors
One party rule
Rule by one political party, with other parties banned or excluded from power. Often leads to abuses of power. In America, one party rule is uncommon but when government is not divided, oftentimes Congress may overlook the actions of the president
What types of authority does the bureaucracy have?
Rulemaking authority and discretionary authority
Article III of the Constitution
Section of the Constitution creating the Judicial Branch, starting with the Supreme Court, allowing Congress to establish all the other inferior courts. It guaranteed judicial independence by granting lifetime terms and preventing Congress from adjusting Justices' salaries.
Article I of the Constitution
Section of the Constitution regarding the creation of Congress, the legislative body composed of the House of Representatives and the Senate. In this Article, the powers of Congress are enumerated.
Which body of Congress can filibuster, have holds, and issue unanimous consent agreements?
Senate
What are the two houses of the bicameral Congress?
Senate and House of Representatives
How did FDR expand presidential power?
Served for four terms and created various agencies to help stimulate the economy (many things he did were not specifically listed in the Constitution)
What cloture vote is needed for appointments (only)?
Simple majority
How could a president serve for 10 years after the 22nd Amendment?
Someone takes office in the second half of their predecessor's administration and then gets re-elected twice
Formal Powers of the President
Specific grants of authority defined in Article II of the Constitution - enumerated
Court-curbing measures
Strategies for reducing the power of the Supreme Court or the impact of its rulings.
What is needed to convict someone in an impeachment trial in the Senate?
Supermajority
TANF
Temporary Assistance for Needy Families. A 1996 national act that abolished the longtime welfare policy, AFDC (Aid for Families with Dependent Children) TANF gives the states much more control over welfare policy. A time-limited program which assists families with children when the parents or other relatives are unable to provide for the family's basic needs.
Contrast the Senate and the House of Representatives with the knowledge you have gained.
The House is where formal indictment proceedings regarding impeachment as well as tax and revenue bills must original. It is more hierarchical with an influential Speaker of the House and bills get passed faster due to this organization as well as time limitations. The Rules Committee of this portion of Congress is exceptionally powerful and can determine how bills are debated. The Senate, on the other hand, holds impeachment conviction trials, confirms presidential appointments, and ratifies treaties with a supermajority (influential in foreign relations). Proceedings take much longer in the Senate because filibustering is permitted until a 60-vote cloture ends this political foolery. Unanimous consent is needed to vote, however.
Ways and Means Committee
The House of Representatives committee that, along with the Senate Finance Committee, writes the tax codes, subject to the approval of Congress as a whole. All taxation bills must originate in the House and will begin in this committee.
How is Congress different from the other branches of government?
The Judicial branch serves to judge disputes between different parties and interpret laws. Conversely, the Executive is to carry out those laws while Congress is responsible for making and passing bills.
Judicial appointment
The President appoints Supreme Court Justices and federal judges, usually in an attempt to change the ideological composition of the court over time.
Presidential appointment
The President's endorsement of a candidate to fill a certain position in government, like a Cabinet member, ambassador, or Supreme Court Justice.
What are the differences between representation and responsiveness of the Senate and the House?
The Senate represents large and small states equally with two senators per state; while each state's share of the 435 representatives in the House is determined by its population. Because members of the House of Representatives have two-year term lengths, they are typically more responsive to their constituents' concerns than senators, who have six-year terms. Senators cannot ignore their constituents, however, as one-third of the Senate is up for reelection every two years.
Confirmation
The Senate's approval by a simple majority of a presidential nomination, which serves as a check on the President's powers. White House staff do not require this approval.
How did the Great Compromise play into the establishment of the president's role?
The Virginia plan introduced an executive with a single 7-year term. This was modified in the Constitution to meet different criteria.
Gerrymandering
The act of deliberately changing the borders of electoral districts to give one party an advantage over the other party. Originated with Elbridge Gerry, a Massachusetts governor, who oversaw redistricting, and the end result looked like a salamander, so the people combined "Gerry" with "salamander" to get the portmanteau "gerrymandering." The Salem Gazette, in 1813, cited this first case of gerrymandering, and called out Federalists on their new Constitution getting ruined by factions.
Refer to the other side for the question
The answer is on the next card
Appellate jurisdiction
The authority of a court to review decisions made by lower courts
Judicial activism
The belief that the role of a Supreme Court Justice is to defend individual rights and liberties, even if some are not explicitly stated in the Constitution, by using judicial review more. Judges are more likely to use personal views, "legislating from the bench," interpreting the Constitution in the modern world. Baker v. Carr is viewed as judicial activism as it expanded the jurisdiction and power of the Judiciary
Judicial restraint
The belief that the role of a Supreme Court Justice is to redirect policy-making decisions to the other, elected branches of government, and stick to a narrow interpretation of the Bill of Rights. Judges limit their own power to determine whether something is constitutional or not
If a state and a federal law are inconsistent, which governmental body will be favored granted that both laws were constitutionally passed?
The federal government
Jurisdiction
The field of authority a court has to make legal judgments and decisions.
Veto power
The formal, constitutional authority of the president to reject bills passed by both houses of Congress, thus preventing them from becoming law without further congressional action. Congress can override with a 2/3 vote in both chambers.
Supreme Court
The highest federal court of the United States, first established by Article III of the Constitution, with 9 Justices today. This court is shielded from Congress, which cannot change its original jurisdiction or salaries.
Life tenure
The idea that Supreme Court Justices hold their positions for life, unless they resign, or are impeached. This means that, once appointed, they don't necessarily have to vote the way the President expects them to vote, because they can't be fired. Independent judiciary!
House of Representatives
The lower chamber of Congress, in which the number of representatives per state is determined by the state's population, with 435 Representatives total. Members of the House of Representatives serve two-year terms, so they are up for reelection every two years.
Quorum
The minimum number of members who must be present for business to be conducted in Congress
Why did the Framers invest power in a president?
The originally considered an Executive Council (like a Roman triumvirate) that the president should answer to first. They decided, though, to place the power of the Executive into the hands of one person to facilitate law execution, avoid dissension, the Articles already showed the weakness of the plural executive system, and bring "energy" to the Executive
What important precedent did Marbury v. Madison set?
The power of judicial review
What precedents did Washington set?
The precedents that Washington set were that presidents would serve for a few years and become ordinary citizens again and that the office of the president was not tyrannical
State of the Union Address
The president's annual message to a joint session of Congress, which includes recommended legislation and evaluations of the nation's top priorities and economic health.
Redistricting
The process of adjusting the borders of electoral districts in the United States, after reapportionment.
Implementation
The process of carrying out the Supreme Court's rulings; for example, Presidents Eisenhower and Kennedy sent federal troops to integrate schools when southern states refused to implement Brown v. Board of Education.
Reapportionment
The process of reassigning representation based on population, after every census.
Legitimacy of the Supreme Court
The public trust in, and willingness to accept the rulings of, the Supreme Court.
Policy agendas
The things that presidential candidates promise their voters that they will attempt to accomplish while in office
Federal bureaucracy
The thousands of federal government agencies and institutions that implement and administer federal laws and programs. An administration of non-elected officials who implement policies created by the other branches. This is sometimes considered the 4th branch of government, because of how independent it is
What happens when a similar bill goes through both houses at the same time?
The two bills are sent to a conference committee to reconcile the differences into one bill. This bill is then sent for a vote in both houses.
Senate
The upper chamber of Congress, in which each state has two representatives regardless of population size, with 100 senators total. Senators serve six-year terms, with one-third of them running for reelection every two years.
Bully pulpit
Theodore Roosevelt's notion of the presidency as a platform from which the president could promote an agenda directly to the public.
How has the role of the Supreme Court changed over time?
There are more questions for the Supreme Court as federal law has expanded (identify the meanings of equal protection, due process, balance of free speech and intellectual property)
What checks does the president have on the Supreme Court?
They do not have much leverage but: Presidents appoint and nominate judges to the federal bench
If the judicial branch rules a law unconstitutional, what might Congress do to check this authority?
They might write a new bill that is worded different but has the same purpose as the unconstitutional one
Article II of the Constitution
This article describes the role and power of the Executive Branch. The President and Vice President.
25th Amendment
This establishes the very long line of presidential succession. It goes from the President to the VP, to the Speaker of the House, to the President Pro Tempore, to the Secretary of State and so on.
Lame duck session
This occurs when one Congress meets after its successor has been elected, but before its successor's term begins.
What was significant about the Election of 1800 in terms of the transfer of power between parties?
This transfer of power from a Federalist administration to a Democratic-Republican one was the first instance of peaceful authority transfer
How are bureaucrats hired?
Through a merit system instead of political patronage
How are laws implemented?
Through the bureaucracy
What two clauses give the president an inordinate amount of power?
Vesting clause at the clause that says the president is to take care that laws are "faithfully executed'
Minor v. Happersett (1875)
Virginia Minor, under the Immunities Clause of the 14th amendment, believed that voting was a right of all citizens and so she registered to vote. Her right was declined and her case made its way to the Supreme Court. This Supreme Court decision held that women could be deprived of the right to vote in the same way as felons.
Constituents
Voters in a legislative district
Compliance monitoring
When bureaucracies check whether or not a corporation is following the correct procedure detailed by legislation or their own instructions.
Divided government
When one party controls 1-2 houses in the legislative branch while the other party controls the executive branch, this can lead to gridlock.
How does the president communicate to the national constituency and Congress?
When setting a policy agenda, presidents have taken advantage of contemporary technology and social media to influence the national constituency, promoting presidential policy goals via the president's bully pulpit. The State of the Union is an opportunity for presidents to inform Congress and the American public of policy goals, and to signal which legislation they may veto.
Gridlock
When the government is unable to reach compromises or make policy decisions. Some think this will lead to bipartisan cooperation, while others think it makes government too slow.
Split party rule
When two parties are vying for power and make the policymaking process exceedingly and agonizingly difficult. See divided government.
Refer to the political cartoon to respond to the question
Which of the following Constitutional Amendments is most relevant to the topic of the cartoon? Choose 1 answer: a. The Twenty-second Amendment b. The Fourteenth Amendment c. The Twenty-first Amendment d. The Nineteenth Amendment
Analyze the graph and answer the question
Which of the following best describes a trend in the line graph above? Choose 1 answer: a. State of the Union addresses by Republican presidents have been longer than those of Democratic presidents b. State of the Union addresses never last longer than an hour c. State of the Union addresses have become longer over time d. Televised State of the Union addresses tend to last longer than those broadcast on the radio
Look at the political cartoon and answer the question
Which of the following best describes the message in the political cartoon? Choose 1 answer: a. Presidents should only seek a third term if their policies and platforms require it b. Presidents after George Washington should strive to emulate his foreign policy c. Presidential power should be restrained by term-of-office limits d. Washington was wrong to step down after only two terms in office
Flip over for political cartoon
Which of the following best describes the message in the political cartoon? Choose 1 answer: a. The patronage system leads to corruption b. The bureaucracy is slow and inefficient c. The president should reward political allies with government jobs d. Civil service reform is unnecessary
Take a look at the diagram and answer the question
Which of the following is an accurate conclusion based on a comparison of the trends in the chart above and your knowledge of presidential appointments? Choose 1 answer: a. Ambassador appointments are the most contentious appointments because of the delicate nature of diplomacy b. Judicial appointments are the least contentious appointments because of their limited influence c. All appointments face the same level of scrutiny and are confirmed at about the same rate d. The potential for conflict with the Senate depends upon the type of executive branch appointment
See the diagram (flip!)
Which of the following programs would fall under the discretionary spending portion of the pie chart? Choose 1 answer: a. Supplemental Nutrition Assistance Program (SNAP) b. Social security c. Defense spending d. Medicare funding
Flip over for infographic question
Which of the following statements best describes the information in the infographic above? Choose 1 answer: a. In general, the Warren Court changed precedents to be more liberal and the Burger Court altered precedents to be more conservative b. In general, the Warren Court changed precedents to be more conservative, and the Burger Court altered precedents to be more liberal c. Both the Warren Court and the Burger Court altered precedents to be overwhelmingly more conservative d. Both the Warren Court and the Burger Court altered precedents to be overwhelmingly more liberal
Look at the diagram ->
Which of the following statements is reflected in the data in the chart? Choose 1 answer: a. President Obama had more diverse appointments than any previous president, leading to more failed confirmations b. Presidents have become less successful at getting federal judges confirmed over the past 50 years c. Democratic presidents are less successful at having federal judges confirmed than Republican presidents d. Presidents have more judicial appointments now than they did 50 years ago, leading to more failed confirmations
Congressional Redistricting Method
Winning a congressional district's popular vote means getting 1 electoral vote.
"Amid this much-changed communication landscape, the lingering question of whether the untapped wisdom of the public should be harnessed in governmental decisions suddenly commanded a fresh look, as social media increased the capability of governments worldwide to more fully involve ordinary citizens in policymaking." -M. Barris, A. Jain, and J. Katz, The Social Media President: Barack Obama and the Politics of Political Engagement, 2013 Based on the text, which of the following statements would the authors most likely agree with? Choose 1 answer: a. Social media has changed the president's relationship with the national constituency by involving more citizens in policymaking decisions b. Social media has changed the president's relationship to the national constituency by involving fewer citizens in policymaking decisions c. Social media has changed the president's relationship to Congress by involving more members of Congress in policymaking decisions d. Social media has had no effect on the president's relationship to the national constituency or Congress
a
"This week, we have twice seen Supreme Court Justices violating their judicial oaths. Yesterday, the Justices re-wrote Obamacare, yet again, in order to force this failed law on the American people. Today, the Court doubled down with a 5-4 opinion that undermines not just the definition of marriage, but the very foundations of our representative form of government. . . . That is unacceptable. On the substantive front, I have already introduced a constitutional amendment to preserve the authority of elected state legislatures to define marriage as the union of one man and one woman, and also legislation stripping the federal courts of jurisdiction over legal assaults on marriage." -Source: Senator Ted Cruz, "We Must Not Submit Our Constitutional Freedoms, and the Promise of our Nation, to Judicial Tyranny," 2015 In which of the following ways could Congress limit the Supreme Court's power of judicial review? Choose 1 answer: a. Change the Supreme Court's appellate jurisdiction b. Nominate more justices to the Supreme Court c. Refuse to enforce the Supreme Court decision d. Decline to hear appeals on any controversial cases
a
"This week, we have twice seen Supreme Court Justices violating their judicial oaths. Yesterday, the Justices re-wrote Obamacare, yet again, in order to force this failed law on the American people. Today, the Court doubled down with a 5-4 opinion that undermines not just the definition of marriage, but the very foundations of our representative form of government. . . . That is unacceptable. On the substantive front, I have already introduced a constitutional amendment to preserve the authority of elected state legislatures to define marriage as the union of one man and one woman, and also legislation stripping the federal courts of jurisdiction over legal assaults on marriage." -Source: Senator Ted Cruz, "We Must Not Submit Our Constitutional Freedoms, and the Promise of our Nation, to Judicial Tyranny," 2015 Which of the following actions did Senator Cruz take to address the decisions in Obergefell v. Hodges? Choose 1 answer: a. Proposing legislation changing the authority of federal courts to hear these cases b. Crafting a bill that would add four justices to the Supreme Court c. Introducing an amendment that allowed same-sex marriage d. Appealing to the president not to enforce the Supreme Court's ruling
a
"This week, we have twice seen Supreme Court Justices violating their judicial oaths. Yesterday, the Justices re-wrote Obamacare, yet again, in order to force this failed law on the American people. Today, the Court doubled down with a 5-4 opinion that undermines not just the definition of marriage, but the very foundations of our representative form of government. . . . That is unacceptable. On the substantive front, I have already introduced a constitutional amendment to preserve the authority of elected state legislatures to define marriage as the union of one man and one woman, and also legislation stripping the federal courts of jurisdiction over legal assaults on marriage." -Source: Senator Ted Cruz, "We Must Not Submit Our Constitutional Freedoms, and the Promise of our Nation, to Judicial Tyranny," 2015 Which of the following explains Senator Cruz's motivation for writing the excerpt above? Choose 1 answer: a. Senator Cruz believes that the Supreme Court made several controversial decisions that undermine states' rights under the Constitution. b. Senator Cruz thinks the Supreme Court has made a constitutional ruling upholding states' rights. c. Senator Cruz feels that the president has made an unconstitutional executive order and wants the Supreme Court to review it. d. Senator Cruz suspects that public opinion has influenced the Supreme Court's decisions, undermining the isolation of the Supreme Court.
a
"Today, liberals and conservatives alike blithely rely on the Court to settle society's toughest issues—at the expense of the two branches of government that are designed to be democratic. . . . "The corrosive result is twofold: an arrogant Court and an enfeebled Congress that rarely is willing to tackle the toughest issues. Each feeds on the other. The justices often step in because they believe the members of Congress—elected by the people though they may be—act like fools or, like cowards, fail to act. Happy to stay off the battlefield, Congress seldom raises a peep, other than to crowd the cameras during occasional Senate confirmation hearings on a new justice. The result is dwindling public faith in both institutions." -Source: David A. Kaplan, The Most Dangerous Branch: Inside the Supreme Court in the Age of Trump, 2019 Based on the text, which of the following statements would the author most likely agree with? Choose 1 answer: a. By issuing unpopular decisions, the Supreme Court invites challenges to its legitimacy from the American public. b. By taking controversial cases, the Supreme Court has fully reached the Framers' vision as outlined in the Constitution. c. By allowing the Supreme Court to settle controversial issues, Congress has maintained the separation of powers. d. By deciding controversial cases, the Supreme Court has become the most trusted branch in the federal government.
a
A Supreme Court precedent approving mandatory busing of students to ensure greater racial integration in public schools throughout the South could be viewed as interfering with state powers under the Constitution, and as creating law rather than interpreting it. Which of the following could Congress do to limit the Supreme Court's power in response? Choose 1 answer: a. Pass legislation changing the Court's jurisdiction b. Exercise oversight authority over rulings of individual justices c. Send the case back to a lower court d. Filibuster decisions made by the Supreme Court
a
Congress passed the Clean Air Act, which gave the federal government the power to monitor and limit emissions of harmful chemicals into the atmosphere. However, in 2003, the Environmental Protection Agency (EPA) announced that the Clean Air Act does not give it the authority to regulate carbon dioxide and other greenhouse gases. The EPA's decision to not act is an example of which of the following? Choose 1 answer: a. The power that individual bureaucrats and agencies have to make choices about how to implement existing laws b. The relationship between bureaucratic agencies, interest groups, and congressional subcommittees to promote a common cause c. The power of bureaucrats to write the specific regulations that determine the implementation of public policy d. The collaboration between experts and stakeholders to create specific policy
a
Every ten years congressional redistricting occurs for which of the following reasons? Choose 1 answer: a. To divide a state into new political districts after changes in population b. To reshape political districts to benefit one party over the other c. To assign members of the House of Representatives to new committees d. To determine how many state legislators will be eligible to run for Congress
a
Following the Supreme Court's decision in Engel v. Vitale (1962) banning school prayer, members of Congress organized to limit the impact of the decision by proposing amendments to the Constitution allowing school prayer. Which of the following is another action that Congress could take to promote devotional activities in public schools? Choose 1 answer: a. Propose legislation changing federal court's authority to hear similar cases b. Veto parts of the Court's decision under the Tenth Amendment c. Fire the Supreme Court justices and replace them with sympathetic justices d. Place eighteen-year term limits on the Supreme Court justices
a
In 1954, the Supreme Court banned segregation in public schools. Some critics argue that the law violates states' rights. Which of the following could the president do to limit the Supreme Court's power? Choose 1 answer: a. Refuse to implement the decision b. Fire and replace Supreme Court justices c. Place term limits on the Supreme Court justices d. Change the size of the Supreme Court
a
In 1971, President Nixon signed the Federal Election Campaign Act (FECA) into law. It required candidates for federal office to disclose who contributed to their campaigns and how much. Congress put the Federal Election Commission in charge of implementing the law. Which of the following most likely occurred first after Congress gave the Federal Election Commission discretionary authority over the law? Choose 1 answer: a. The Federal Election Commission enforced the law by creating a series of rules for candidates. b. The Senate ceded all power to make laws about campaign contributions to the Federal Election Commission. c. Political parties became solely responsible for raising funds for political candidates to meet the provisions of the law. d. Congress determined whether the Federal Election Commission had the power to enforce the law.
a
In United States v. Morrison (2000), the Supreme Court struck down the part of the Violence Against Women Act that made gender-motivated violence a federal crime, as it was not related to the commerce clause. Which prior Supreme Court case could be used as a precedent for the majority decision in United States v. Morrison (2000)? Choose 1 answer: a. United States v. Lopez (1995) b. McCulloch v. Maryland (1819) c. Roe v. Wade (1973) d. Gideon v. Wainwright (1963)
a
In United States v. Nixon (1974), the Supreme Court ruled that President Nixon was not exempt from a court order that required him to release White House tapes. It upheld the right of the Court to "say what the law is," as Chief Justice Warren Burger wrote in the Court's majority opinion. Which prior Supreme Court case could be cited as a precedent for the majority decision in United States v. Nixon (1974)? Choose 1 answer: a. Marbury v. Madison (1803) b. Gideon v. Wainwright (1963) c. McCulloch v. Maryland (1819) d. Baker v. Carr (1962)
a
In which of the following scenarios is the president most likely to use an executive order to make important policy? Choose 1 answer: a. Congress cannot reach a compromise b. The president's party controls Congress c. The vice president does not support the policy d. The Supreme Court is not in session
a
Junior Congress member Ben Wyatt is deciding whether or not to support a bill that would guarantee free wifi for his district in Pawnee, Indiana. He thinks that free wifi would be a great improvement to his community, but waits for feedback from his constituents before he casts his vote. A majority of citizens in Pawnee support the bill, so Congress member Wyatt decides to vote in favor of it. Which model of representation do his actions embody? Choose 1 answer: a. The delegate model b. The partisan model c. The majoritarian model d. The trustee model
a
On the last day of its session, Congress passes a law that the president strongly opposes. Which of the following may the president do to limit the power of Congress? Choose 1 answer: a. Neither sign nor veto the bill, allowing it to die b. Persuade members of Congress to vote against the law c. Refuse to allocate tax money to fund the law d. Declare the law unconstitutional, thereby killing it
a
Pork barrel legislation is best defined as which of the following? Choose 1 answer: a. Laws that include federally-funded local projects that benefit a specific district b. Laws that include provisions on how agriculture and farming should be conducted c. Laws that are created by the president without congressional approval d. Laws that die in committees because they are unpopular
a
Precedents are best defined as which of the following? Choose 1 answer: a. A legal decision that establishes a rule for similar cases going forward b. The power of the court to declare a law or executive order unconstitutional c. A statement that describes the legal reasoning behind a judicial decision d. The extent of the authority that a court has to decide cases
a
President Alice Pieszecki divides the Department of Education into two bureaucratic agencies: the Department of K-12 Education and the Higher Education Agency. She hopes that by separating the department into two agencies, she can get the Higher Education Agency to work on addressing student loan debt. This scenario illustrates: Choose 1 answer: a. How the president's reorganization authority can force bureaucratic agencies to meet their administration's goals. b. How bureaucratic agencies can work with interest groups and Congress to formulate policy. c. How the president nominates people who have relevant qualifications and experience to roles in bureaucratic agencies. d. How Congress gives bureaucratic agencies discretionary authority to determine how best to implement public policy.
a
President Dwight Schrute has several positions to fill within the federal bureaucracy. Which of the following is an example of filling a position based on merit? Choose 1 answer: a. Promoting the Deputy Attorney General to Attorney General after four years of strong service b. Choosing a member of the National Security Council that would appease members from the opposition party c. Asking a high-level campaign fund-raiser to serve as ambassador to Germany d. Nominating a member of his political party as the secretary of energy after she supported him during the campaign
a
President Jane Villanueva orders the Federal Election Commission to set limits on how much candidates can spend on campaign advertisements. Which of the following actions could Congress take to limit the president's authorization? Choose 1 answer: a. Pass legislation to restrict the Federal Election Commission's power to make rules about how candidates spend their money b. Start impeachment proceedings to remove the president from her position of power over the Federal Election Commission c. Sue the Federal Election Commission and let the Supreme Court rule on the constitutionality of the president's order d. Remove the commissioners of the Federal Election Commission and replace them with people who will not enforce the president's order
a
President Meredith Palmer has several positions to fill within the federal bureaucracy. Which of the following is an example of filling a position based on political patronage? Choose 1 answer: a. Nominating a member of her political party as the secretary of state after he offered political support during the campaign b. Choosing a secretary of commerce that would appease members from the opposition party c. Requesting the director of the Central Intelligence Agency (CIA) to stay in her position even though the previous administration appointed her d. Asking the former head of the Environmental Protection Agency to serve as chair of the Council on Environmental Quality
a
Read the passage below and answer the following question. Chris Wallace: "Mr. Trump, you're pro-life. But I want to ask you specifically: Do you want the court, including the justices that you will name, to overturn Roe v. Wade, which includes -- in fact, states -- a woman's right to abortion?" Donald Trump: "Well, if that would happen, because I am pro-life, and I will be appointing pro-life judges, I would think that that will go back to the individual states. Trump: "Well, if we put another two or perhaps three justices on, that's really what's going to be -- that will happen. And that'll happen automatically, in my opinion, because I am putting pro-life justices on the court. I will say this: It will go back to the states, and the states will then make a determination." -Presidential candidate Donald Trump, Final Presidential Debate, 2016 Which of the following statements best explains how a president's ideology can influence presidential nominations to the judiciary? Choose 1 answer: a. Presidents nominate Supreme Court justices who are likely to be sympathetic to their views, changing the ideological leanings of the Court b. Presidents nominate Supreme Court justices who maintain the ideological balance of the Court, rather than changing its ideology c. Presidents nominate Supreme Court justices who only rule based on the original intentions of the Framers d. Presidents nominate Supreme Court justices who have no ideological leanings to maintain the legitimacy of the judicial branch as an independent branch
a
Senator Jon Snow has proposed a bill to increase funds to the military to fight the White Walkers threatening to invade the North. He hasn't received enough support to get the bill to pass, so he reaches out to Senator Daenerys Targaryen for her support. She agrees to support his bill as long as Senator Snow supports her legislation that allows public schools to teach High Valyrian as an elective language. This is an example of which of the following? Choose 1 answer: a. Logrolling b. Gerrymandering c. Pork barrel legislation d. Filibuster
a
The Federal Election Commission enforces federal election laws. However, they have not filled an open position in four years, preventing the commission from enforcing laws. In response, the Senate Committee on Rules and Administration calls a hearing and subpoenas the members of the Federal Election Committee to testify. Which of the following statements best explains the reason the Senate committee called this hearing? Choose 1 answer: a. To investigate why the FEC is not enforcing laws and hold the bureaucracy accountable b. To change all election laws that the FEC enforces and return electioneering power to the states c. To pressure the president to eliminate the FEC by drawing national attention to the situation d. To limit the FEC's rule-making authority so it will enforce the established rules
a
The House Committee on Veterans Affairs, the Department of Veterans Affairs, and the VFW (Veterans of Foreign Wars) work together to achieve policies that benefit veterans. This is an example of which of the following? Choose 1 answer: a. Iron triangles b. Issue networks c. Corporate lobbies d. Political action committees
a
The Republican Party in the House of Representatives has recently proposed a new tax bill that would cut corporate taxes for the top 1% of Americans. Representative Ron Swanson, a libertarian, has decided to vote for the bill even though a recent poll of his district shows that 56% of his constituents do not support the new tax bill. Which model of representation do his actions embody? Choose 1 answer: a. The trustee model b. The delegate model c. The partisan model d. The politico model
a
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a
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a
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a
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a
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a
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a
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a
The correct response was
a
The president is most likely to use a court-curbing measure, like refusing to enforce a Supreme Court decision, when: Choose 1 answer: a. the Supreme Court's decision is controversial. b. the Supreme Court is divided along ideological lines. c. Congress threatens to pass legislation making the decision law. d. Congress is dominated by a different party than the president.
a
Under Chief Justice Warren, the Supreme Court established several precedents which drew criticism for interfering with state powers and the powers of the other branches. Which of the following actions may the president take to change how the Supreme Court rules on similar cases in the future? Choose 1 answer: a. Appoint new justices to the Supreme Court b. Pass legislation changing the Court's jurisdiction c. Veto parts of the Court's decision d. Fire and replace Supreme Court justices
a
Use the passage below to answer the following question. "The mystique of inside information—"if you only knew what we know"—was a most effective way to defend the national-security monopoly and prevent democratic control of foreign policy . . . The power to leak meant the power to tell the people what it served the government's purpose that they should know . . . The power to withhold and the power to leak led on inexorably to the power to lie. The secrecy system instilled in the executive branch the idea that foreign policy was no one's business save its own, and the uncontrolled secrecy made it easy for lying to become routine." -Arthur Schlesinger, The Imperial Presidency, 1973 Which of the following scenarios provides the best justification for an expansive interpretation of presidential power? Choose 1 answer: a. The rapid response necessary after a threat of nuclear war b. The Congressional deadlock resulting from hyper-partisanship c. The inconsistency of judicial interpretations of the Constitution d. The popularity of the president compared to the popularity of Congress
a
What role do coalitions play in the policymaking process? Choose 1 answer: a. Politicians create coalitions to enact policy that has broad support from the public b. Politicians create coalitions to enact policy that the president supports c. Politicians create coalitions to enact policy that appeals to their base d. Politicians create coalitions to enact policy only when they are not in the minority party
a
Which of the following constitutional provisions gives Congress the power to change the Supreme Court's appellate jurisdiction? Choose 1 answer: a. Exceptions clause in Article III b. Supremacy clause in Article VI c. Judicial review in Article III d. Due process in the Fourteenth Amendment
a
Which of the following explains how modern technology has changed the president's ability to respond to political issues? Choose 1 answer: a. It has made it easier for the president to rapidly respond to political issues by appealing directly to the public b. It has changed the relationship between the president and the media, allowing the president to monitor stories before they are released to the public c. It has limited the president's power to connect with the other branches before responding to political issues d. It has made the presidency less transparent because the president's communications director monitors all responses to political issues
a
Which of the following is an example of how the president can use informal powers to limit a bureaucratic agency's focus when implementing a policy? Choose 1 answer: a. The president attaches a signing statement to a law explaining how their administration should implement it. b. The president uses their bully pulpit to support a law making its way through Congress. c. The president replaces the head of a bureaucratic agency with someone more closely aligned to their ideology. d. The president proposes a national budget that increases funding for a bureaucratic agency.
a
Which of the following is likely to occur immediately as a result of new legislation regarding transition programs for veterans of the Afghanistan War? Choose 1 answer: a. The Department of Veterans Affairs will use its authority to decide how to implement the law effectively. b. Military experts will make recommendations to Congress on how much money they should spend creating these programs. c. The House Committee on Veterans' Affairs will meet with recipients to determine the effectiveness of the law. d. States will create several job training programs to help veterans find jobs as they transition out of the military.
a
Which of the following may Congress do to limit the Supreme Court's power? Choose 1 answer: a. Pass legislation to limit the Court's jurisdiction b. Veto parts of the Court's decisions c. Appoint additional justices to the Court d. Fire and replace justices
a
Which of the following provides the most accurate explanation of how compliance monitoring poses a challenge to policy implementation? Choose 1 answer: a. State and local agencies may shape policy in different directions than the federal bureaucracy intended, which forces the federal bureaucracy to spend resources enforcing compliance with the original policy. b. Bureaucratic agencies have power to make rules and regulations on policy, but do not have enforcement power as that power falls to state and local governments. c. Local agencies have to report their compliance to federal policies to state agencies who send those reports to federal agencies, slowing the direct line of communication between federal and local agencies. d. Compliance monitoring requires that bureaucratic agencies have strong relationships with state and local agencies, dividing their loyalty and impeding their relationship with the president.
a
Which of the following scenarios is an example of how Congress oversees the bureaucracy? Choose 1 answer: a. Congress calls several high-level officials of the Department of Homeland Security to testify on cross-agency communication after September 11th. b. Congress overrides a presidential veto of a bill that decriminalizes the sale of cannabis with a two-thirds veto. c. Congress gives the Securities and Exchange Commission discretionary authority in a bill regulating Wall Street companies. d. Congress confirms the head of the Environmental Protection Agency in both the House and the Senate.
a
Which of the following statements explains how Congress can use its power of the purse to restrict presidential power? Choose 1 answer: a. Congress can deny requests for funds to bureaucratic agencies during the budget process. b. Congress determines the president's salary and can cut the president's salary based on performance. c. Congress allocates funds for presidential campaigns and can restrict funds to the president's party. d. Congress drafts and passes a federal budget that does not require presidential approval.
a
Which of the following statements explains why Congress gives the federal bureaucracy discretionary authority to implement public policy? Choose 1 answer: a. Bureaucrats are experts and can make the best choices on how to implement policy. b. Bureaucrats are the only group in the federal government who can interact with interest groups and the public. c. Bureaucrats are solely responsible for making regulations after Congress passes legislation. d. Bureaucrats are responsible for appropriating budgets after Congress passes legislation.
a
"Even as they welcome the opportunities opened up by having an ally in the White House, some worry that the continued emphasis on executive actions is just another step in the dilution of legislative power. "'We need to go back to being the legislative branch,' said Representative Ileana Ros-Lehtinen, a Florida Republican opposed to a potential executive order by Mr. Trump that would end a special program allowing younger illegal immigrants to remain in the United States. 'We didn't like this when Obama was doing it, so why should we accept it now?'" -Carl Hulse, "Trump Follows Obama's Lead in Flexing Executive Muscle," The New York Times, January 26, 2017 Based on the text, which of the following statements would Representative Ros-Lehtinen most likely agree with? Choose 1 answer: a. Executive orders are unconstitutional and undermine Congress's authority to create and pass legislation b. Executive orders can create conflict with Congress as they do not require congressional input or approval c. Executive orders are a valid use of legislative power and presidents should continue to use them in a divided government d. Executive orders enhance legislative power for the majority party, limiting unnecessary debate in Congress
b
"The defeat of Robert Bork's 1987 Supreme Court nomination was a watershed event that unleashed what Stephen Carter has called 'the confirmation mess.' There was no question that Bork was a highly qualified nominee. He was rejected not because of any lack of qualification, or any impropriety, but because of his stated judicial philosophy: how he would vote as a judge." -John Maltese, "Anatomy of a Confirmation Mess: Recent Trends in the Federal Judicial Selection Process," 2004 Which of the following statements best summarizes the author's argument? Choose 1 answer: a. Robert Bork was successfully confirmed as a Supreme Court justice despite facing criticism for his ideological leanings b. Robert Bork failed confirmation as a Supreme Court justice because some Senators were concerned about the impact he would have on the Court c. Robert Bork failed confirmation as a Supreme Court justice because of several scandals during his nomination process d. Robert Bork failed confirmation as a Supreme Court justice because he was an ethnic-racial minority appointee Check
b
"The president may be convinced that a piece of legislation is unwise. But his judgment as to its un-wisdom is not a legal reason for his declining to execute it. (It may be a reason to veto it, and one of the objections to signing statements is that they are vetoes not subject to override.) And the president may have a definite view as to what the legislation means, and that view might include conclusions as to its constitutionality, but his is not the view that counts. He may be the commander in chief, but he is not the interpreter in chief." -Stanley Fish, "Who's Afraid of Presidential Signing Statements?" Source: New York Times Which of the following statements best summarizes Fish's argument? Choose 1 answer: a. Vetoes should be replaced with signing statements, since they are not subject to override b. Signing statements go beyond the president's expressed constitutional powers c. The president should not execute laws he or she deems unconstitutional d. Signing statements provide legal reasons for the president to decline to execute laws
b
"There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid." -Alexander Hamilton, Federalist No. 78, "The Judiciary Department," 1788 Which of the following statements best summarizes Hamilton's argument? Choose 1 answer: a. Few legislative acts are contrary to the Constitution b. The Supreme Court should have the power of judicial review c. Arguments against the adoption of the Constitution are invalid d. The Constitution delegates ultimate authority to the legislative branch
b
A signing statement is best defined as which of the following? Choose 1 answer: a. A presidential order to the executive branch that carries the force of law b. A released letter explaining how the president's administration plans to interpret the law c. An international agreement between the president and another country that does not require the consent of the Senate d. A president's power to reject a law passed by Congress
b
Appointments to the president's cabinet are sometimes contentious for which of the following reasons? Choose 1 answer: a. Cabinet-level officials are responsible for appointing and confirming White House staff and ambassadors to foreign countries b. Cabinet-level officials are responsible for implementing the laws created by Congress, while still advocating for the president's agenda c. Cabinet-level officials are responsible for presiding over the Senate and the House of Representatives to resolve tie votes on legislation d. Cabinet-level officials are responsible for implementing Supreme Court decisions, while still advocating for the president's agenda
b
Bureaucratic discretionary authority is best defined as which of the following? Choose 1 answer: a. The regulations issued by government agencies to implement public policy b. The ability of executive agencies to decide the literal interpretation of the law and to take courses of action c. The supervision of departments and agencies conducted by congressional committees d. The power of the President to create a law implemented by a bureaucratic agency without congressional approval
b
Compliance monitoring has which of the following effects on the bureaucracy? Choose 1 answer: a. It leads to more expertise in bureaucratic agencies as presidents appoint people with relevant qualifications and experience. b. It challenges bureaucratic agencies' ability to implement a policy that matches the president's goals. c. It pushes bureaucratic agencies to enforce rules and regulations at the local level, bypassing state governments. d. It strengthens the relationship between the bureaucracy, Congress, and interest groups to formulate public policy.
b
Congress passes a law reducing the amount of violence that children can be exposed to on television. Which of the following actions can the Federal Communications Commission (FCC) take to implement this measure? Choose 1 answer: a. Refuse to air violent TV shows on their broadcast networks b. Write guidelines about how much violence can be depicted during times children are likely to be watching TV c. Issue an executive order banning the production of violent TV shows d. Lobby Congress to decrease federal funding for TV networks that broadcast violent TV shows
b
How do the different chamber sizes in the House of Representatives and the Senate influence the formality of debate in each chamber? Choose 1 answer: a. Because there are fewer members in the House of Representatives, there is a less formal process for debate b. Because there are more members in the House of Representatives, there is a more formal process for debate c. Because there are fewer members in the Senate, there is a more formal process for debate d. Because there are more members in the Senate, there is a less formal process for debate
b
In which of the following situations would a federal court most likely declare a bureaucratic agency's actions void? Choose 1 answer: a. When a state refuses to follow the regulations set by the federal bureaucracy b. When the actions extend beyond the intent of the law passed by Congress c. When the executive and legislative branches are controlled by different parties d. When the legislative branch is gridlocked and refusing to pass new legislation
b
Members of the House Committee on Transportation and Infrastructure are concerned about a rise in the number of accidents on national highways. Which of the following is an action the committee can take to address the problem? Choose 1 answer: a. Replacing the secretary of the Department of Transportation with a member of the committee b. Holding a hearing and subpoenaing the testimony of high-level officials of the Department of Transportation c. Confiscating funds from the Department of Transportation until they resolve the problems d. Disbanding the Department of Transportation and allocating its responsibilities to other executive departments
b
President David Rose refuses to spend the money Congress appropriated for the Environmental Protection Agency. In response, Congress has rejected the rescission of funds. This scenario illustrates: Choose 1 answer: a. How non-governmental agencies can influence the budget setting process. b. How Congress uses its oversight powers to check the executive branch's budgeting power. c. How the goals of the executive branch can influence the policy goals of the federal bureaucracy. d. How the bureaucracy and Congress work together to implement important policy.
b
Representative Siddiqui introduces a bill that would reform campaign finance in the House of Representatives. After the bill is assigned a number, which of the following describes the next step of the lawmaking process? Choose 1 answer: a. The Majority Leader of the House schedules a hearing b. The Speaker of the House assigns the bill to a relevant committee c. The bill is sent to the floor of the House to be voted on d. The Senate receives the bill to add amendments
b
Senator Leslie Knope plans to vote in favor of two major bills. The first bill is about buying some land in Indiana and turning it into a national park. The second bill will ban any fast food restaurant from serving a 128-ounce soft drink. 21,000 constituents have called her asking her to vote against the second bill, but no constituents have called her about the national park bill. Senator Knope decides to vote in favor of the first bill, but listens to her constituents and votes against the second bill. Which model of representation do her actions embody? Choose 1 answer: a. The delegate model b. The politico model c. The majoritarian model d. The trustee model
b
Stare decisis is best defined as which of the following? Choose 1 answer: a. Judges should limit the exercise of their power to interpreting the Constitution according to its original intent b. Judges rely on past decisions and their precedents when making decisions in new cases c. Judges have the power to interpret the Constitution and declare a law unconstitutional d. Judges ought to strike down laws that are inconsistent with their understanding of the Constitution
b
Stare decisis is best defined as which of the following? Choose 1 answer: a. Judges should limit the exercise of their power to interpreting the Constitution according to its original intent b. Judges rely on past decisions and their precedents when making decisions in new cases c. Judges ought to strike down laws that are inconsistent with their understanding of the Constitution d. Judges have the power to interpret the Constitution and declare a law unconstitutional
b
The answer is
b
The answer to the above comparison was
b
The answer to the previous is
b
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b
The answer to the question above was
b
The answer was
b
The president wants Congress to pass a new tax to help raise funds for a high-speed transcontinental train. Which of the following is the first step in the process of passing the bill? Choose 1 answer: a. A member of either the House or Senate can propose the bill b. A member of the House must introduce the bill to the House floor c. A member of the Senate must introduce the bill to the Senate floor d. The Speaker of the House sends the bill to committee
b
Which of the following actions by a state government would most likely violate the precedent established by Shaw v. Reno (1993)? Choose 1 answer: a. Drawing new congressional district lines after the census shows population growth in a city b. Drawing new congressional district lines in a city that grouped people based on race c. Drawing new congressional district lines in a city to favor one political party over another d. Drawing new congressional district lines that gave more voting power to people who lived in rural areas
b
Which of the following is a legitimate course of action for Congress to take to place a restriction on the Supreme Court? Choose 1 answer: a. Appoint new justices to the Supreme Court b. Pass legislation to modify the impact of the decision c. Veto parts of the Court's decision d. Send the case to a lower court for a different decision
b
Which of the following scenarios is an example of how the president can hold a bureaucratic agency accountable? Choose 1 answer: a. The president receives a briefing from their chief of staff on the current actions of all bureaucratic agencies. b. The president issued an executive order to split the Department of Veterans Affairs into two agencies after the organization failed to meet policy goals. c. The president nominates a strong campaign supporter to Secretary of Education after being elected to office. d. The president lists their policy goals in the annual State of the Union address to the other branches of the federal government.
b
Which of the following statements best describes judicial restraint? Choose 1 answer: a. Judges ought to freely strike down laws that are inconsistent with their understanding of the Constitution b. Judges should limit the exercise of their own power to interpreting the Constitution according to its original intent c. Judges rely on past decisions and their precedents when making decisions in new cases d. Judges have the power to interpret the Constitution and declare a law unconstitutional
b
Which of the following statements best explains an advantage the majority party in the House of Representatives has in lawmaking? Choose 1 answer: a. It nominates people for bureaucratic positions b. It can assign bills to committees c. It can place holds on bills on the floor d. It becomes the majority party in the Senate
b
Which of the following statements describes a way for the executive branch to limit the Supreme Court's power? Choose 1 answer: a. By refusing to send cases to the Supreme Court b. By appointing new Supreme Court justices c. By firing Supreme Court justices d. By vetoing parts of the Court's decision
b
Which of the following statements describes judicial activism? Choose 1 answer: a. Judges should limit the exercise of their own power to interpreting the Constitution according to its original intent b. Judges ought to freely strike down laws that are inconsistent with their understanding of the Constitution c. Judges have the power to interpret the Constitution and declare a law unconstitutional d. Judges rely on past decisions and their precedents when making decisions in new cases
b
After a hard-fought election, President Greene appoints a major campaign donor as ambassador to Greece. This is an example of which of the following concepts? Choose 1 answer: a. Corruption b. Patronage c. Civil service d. Specialization
b (honestly I vibed with a)
"Energy in the Executive is a leading character in the definition of good government. It is essential to the protection of the community against foreign attacks; it is not less essential to the steady administration of the laws; to the protection of property against those irregular and high-handed combinations which sometimes interrupt the ordinary course of justice; to the security of liberty against the enterprises and assaults of ambition, of faction, and of anarchy . . ." -Alexander Hamilton, Federalist No. 70, "The Executive Department Further Considered," 1788 "Energy," as used by Hamilton in Federalist No. 70, is best defined as which of the following? Choose 1 answer: a. The charm necessary to influence Congress to enact a policy agenda b. The work ethic to run the government effectively c. The capacity to act quickly and decisively d. The youthful vigor necessary to withstand the pressure of the job
c
"Size explains much about why the two chambers differ. Because it is larger, the 435-member House . . . is a more structured body than the 100-member Senate. Indeed, the restraints imposed on representatives by rules and precedents are more severe than those affecting senators . . . The Senate is more involved than the House in cultivating national constituencies, forming questions for national debate, and gaining general public support for policy proposals." -Walter J. Oleszek, Congressional Procedures and the Policy Process Which of the following statements is most consistent with the author's argument in the passage? Choose 1 answer: a. Debate in the Senate is more formal than in the House because the Senate is bigger b. Debate in the House is more formal than the Senate because legislative districts in the House are bigger c. Different chamber sizes and constituencies influence the formality of debate in each chamber d. Formality of debate in the House and the Senate is virtually the same
c
"There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid." -Alexander Hamilton, Federalist No. 78, "The Judiciary Department," 1788 Which of the following statements best summarizes Hamilton's argument? Choose 1 answer: a. The Constitution delegates ultimate authority to the legislative branch b. Few legislative acts are contrary to the Constitution c. The Supreme Court should have the power of judicial review d. Arguments against the adoption of the Constitution are invalid
c
Appointments to the White House staff are often uncontested for which of the following reasons? Choose 1 answer: a. These appointments are nominated by the Speaker of the House b. These appointments are only filled by former members of Congress c. These appointments do not require Senate confirmation d. These appointments work primarily for the legislative branch
c
Congress member Amy Santiago votes her conscience on bills that her constituents care little about, but she votes according to the wishes of her constituents on bills they care about a lot. Which model of representation do her actions embody? Choose 1 answer: a. The majoritarian model b. The trustee model c. The politico model d. The delegate model
c
Congress member Chidi Anagonye has proposed an Agriculture Appropriations bill that would fund important agricultural food programs and food services. While the bill was in committee, Congress member Eleanor Shellstrop added an amendment to the bill that would send $250,000 to her district in Arizona for an Arizona Fried Shrimp Institute. She says she will only vote for the bill if it includes the funds for her district. This is an example of which of the following? Choose 1 answer: a. Filibuster b. Logrolling c. Pork barrel legislation d. Gerrymandering
c
Congress passed a law ordering the Department of Agriculture to create a National School Lunch Program that provides nutritionally-balanced meals to all students for free. President Stanley Hudson attached a statement when signing the bill into law, stating that his administration should include soft pretzels in their nutritionally-balanced meal plans. Which of the following statements best explains how a signing statement affects the Department of Agriculture's implementation of the policy? Choose 1 answer: a. It can check the power of the bureaucracy to implement policy in a way that conflicts with the president's ideology. b. It shifts the responsibility of implementing a policy to the experts within the Department of Agriculture. c. It guides the rules and regulations that the Department of Agriculture issues to implement policy, especially when the law is ambiguous. d. It limits the Department of Agriculture's rule-making authority to implement the law to the best of its ability.
c
Congress passed a law that tasked the Department of Homeland Security with developing an emergency communication system to alert residents. The department has defined emergency communications as information important to most citizens. Under that definition, the head of Homeland Security has used the system to send out spoilers for the tv show, Derry Girls. What formal action could Congress take to limit the agency's discretionary authority and hold the bureaucracy accountable? Choose 1 answer: a. Leverage interest groups to pressure the department to stop sending out spoilers b. Ask the Supreme Court to decide if this action oversteps the intent of the law c. Pass legislation to narrow the definition of what it considers an "emergency" d. Fire and replace the head of the Department of Homeland Security
c
In 2010, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act, which gave the Securities and Exchange Commission (SEC) more power to regulate and enforce securities laws. In response, the Securities and Exchange Commission created the Office of the Whistleblower, which is responsible for gathering information from people who know of a company committing securities fraud. The Securities and Exchange Commission's ability to decide how much money it awards to whistleblowers is an example of which of the following? Choose 1 answer: a. The relationship between bureaucratic agencies, interest groups, and congressional subcommittees to create public policy b. The collaboration between experts and non-experts to influence specific policy outcomes c. The power that individual bureaucrats and agencies have to make choices about how to implement existing laws d. The power of bureaucrats to write the specific regulations that determine the implementation of public policy
c
In 2015, President Obama signed the Every Student Succeeds Act (ESSA) into law. The Department of Education was in charge of implementing the law. Which of the following most likely occurred after Congress gave the Department of Education discretionary authority over the law? Choose 1 answer: a. The president issues a signing statement to clarify the ambiguous parts of the education law. b. States and school districts sent their plans on how to implement the law to the Department of Education. c. The Department of Education used its rulemaking authority to create regulations for states and school districts. d. Academics and experts in education reviewed the Department of Education's plans for implementation.
c
Read the passage below and answer the following question. Chris Wallace: "Mr. Trump, you're pro-life. But I want to ask you specifically: Do you want the court, including the justices that you will name, to overturn Roe v. Wade, which includes -- in fact, states -- a woman's right to abortion?" Donald Trump: "Well, if that would happen, because I am pro-life, and I will be appointing pro-life judges, I would think that that will go back to the individual states. Trump: "Well, if we put another two or perhaps three justices on, that's really what's going to be -- that will happen. And that'll happen automatically, in my opinion, because I am putting pro-life justices on the court. I will say this: It will go back to the states, and the states will then make a determination." -Presidential candidate Donald Trump, Final Presidential Debate, 2016 Based on his statement in the passage, which of the following policy goals does Trump want to promote through ideological appointments to the Supreme Court? Choose 1 answer: a. Adding an amendment to the Constitution declaring that a fetus has the right to life b. Crafting a federal law that bans all abortions c. Reversing the precedent that the right of privacy extends to a woman's decision to have an abortion d. Adding an amendment to explicitly protect the right to an abortion
c
Senator Ramirez listens to her constituents' wishes on every piece of legislation, but always votes her conscience, even if it goes against her constituents' wishes on pieces of legislation they care about. Which model of representation do her actions embody? Choose 1 answer: a. The politico model b. The delegate model c. The trustee model d. The majoritarian model
c
The Environmental Protection Agency issues a fine to a factory that is not complying with federal regulations on the maximum number of pollutants it can release into the atmosphere. This is an example of which of the federal bureaucracy's responsibilities? Choose 1 answer: a. Rulemaking b. Congressional oversight c. Enforcement d. Testifying before Congress
c
The answer to the above graphical analysis was
c
The answer to the above question was
c
The answer to the previous question was
c
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c
The correct response is
c
Use the excerpt to answer the question below. "Lifetime appointments and the new, highly ideological stakes provided senators ample incentives to use holds and silent filibusters to prevent a majority of their colleagues from acting on judicial nominations, both to block those with different ideologies and to keep slots vacant until the presidency moves into their party's hands. Along the way, judicial confirmations have become increasingly politicized, and delays in confirming appellate judges have led to increased vacancy rates that have produced longer case-processing times and growing caseloads per judge on federal dockets." -Mann, Thomas E. and Norman J. Ornstein, It's Even Worse than it Looks, 2012 Which of the following statements best summarizes the authors' argument? Choose 1 answer: a. The Senate is less likely to place holds on judicial appointments when the majority party in the Senate differs from the president's party b. The Senate is more likely to place holds on judicial appointments than the House because its members represent more like-minded constituents c. The Senate is more likely to place holds on life-tenured judicial appointments because of the lasting influence of those appointments d. The Senate is less likely to place holds on life-tenured judicial appointments because these appointments have little influence
c
Use the excerpt to answer the question below. "Senators have increasingly used holds, their ability to block consideration of a nominee indefinitely, as a broader partisan weapon to keep presidents from filling key positions, including many qualified and usually noncontroversial nominees . . . . The confirmation rate of presidential circuit court appointments has plummeted from above 90 percent in the late 1970s and early 1980s to around 50 percent in recent years." Thomas E. Mann and Norman J. Ornstein, It's Even Worse than it Looks, 2012 Based on the text, which of the following statements would the authors most likely agree with? Choose 1 answer: a. Divided government has had little impact on the president's ability to achieve presidential initiatives or get confirmation on presidential nominees b. Divided government leads to a more effective congressional process for negotiating appointee confirmations c. Divided government has led to an increase in congressional refusal to confirm appointments of presidents of the opposite party d. Divided government has led to the Senate's decrease in the use of filibusters when confirming presidential appointments
c
Use the passage below to answer the following question. "Both Lincoln and Roosevelt undertook acts they knew to be beyond the Constitution. Both did so in times of transcendent crisis when the life of the nation seemed truly at stake. Both acted, knowingly or not, on Locke's doctrine of emergency prerogative, trusting that Congress would eventually approve their actions." -Arthur Schlesinger, The Imperial Presidency, 1973 Based on the text, which of the following statements would the author most likely agree with? Choose 1 answer: a. Presidential power has increased as Congress has passed resolutions to expand executive warmaking powers b. Presidential power has decreased as executive agencies have taken on more responsibilities c. Presidential power has increased in the face of growing federal challenges d. Presidential power has decreased as Congress has become more powerful
c
Which of the following describes the role of the House Rules Committee? Choose 1 answer: a. Reconciles differences between House and Senate versions of a bill b. Determines bureaucratic regulations after a bill becomes a law c. Schedules and manages the flow of legislation on the floor d. Sponsors all budget appropriation bills
c
Which of the following is a consequence of holds applied to a bill in the Senate? Choose 1 answer: a. A senator can put the bill up for a vote for unanimous consent b. A senator can force the bill into committee to be reconsidered c. A senator can slow down the legislative process d. A senator can expedite the legislative process by limiting debate
c
Which of the following scenarios would be considered a constitutional use of executive power? Choose 1 answer: a. The president ratifies a treaty limiting strategic arms development in the United States and Russia b. The president impeaches the US ambassador to South Korea for high crimes and misdemeanors c. The president confers diplomatic recognition on the new nation of South Sudan d. The president declares war on Iraq and Afghanistan
c
Which of the following statements best explains a limit to the Court's powers over bureaucratic agencies? Choose 1 answer: a. They can only stop presidential actions, not bureaucratic actions. b. Their decisions require final approval from Congress. c. The bureaucracy can ignore or refuse to implement court rulings. d. The president can overrule the Court's decision.
c
Which of the following statements best explains how judicial activism influences decisions made by individual justices when deciding cases heard by the Court? Choose 1 answer: a. Justices are less likely to strike down laws and policies as unconstitutional b. Justices are influenced by the public opinion on a case rather than constitutional interpretation c. Justices are influenced by the social effects the decision might have on the public d. Justices are more likely to defer to previous Supreme Court decisions
c
Which of the following statements best explains how stare decisis influences Supreme Court justices? Choose 1 answer: a. It makes justices more likely to send cases back down to lower courts to be decided b. It makes justices more likely to rule based on their interpretation of the Framers' original intent c. It makes justices more likely to defer to previous Supreme Court decisions d. It makes justices less likely to strike down laws and policies as unconstitutional
c
Which of the following statements best explains the impact the necessary and proper clause has had on congressional power? Choose 1 answer: a. It has broadened the power of Congress by allowing it to limit the executive branch's ability to commit the United States to an armed conflict b. It has weakened the power of Congress by restricting it to only those powers listed in the Constitution c. It has broadened the power of Congress to enact legislation addressing a wide range of economic, environmental, and social issues d. It has weakened the power of Congress by allowing the Supreme Court to declare any law unconstitutional
c
Which of the following statements explains how social media has enhanced the power of the presidency? Choose 1 answer: a. It gives the president a direct line to the media in an attempt to control the stories they release b. It gives the president the power to accurately measure public opinion on the presidency c. It gives the president a direct line of communication to the national constituency to influence national policy d. It gives the president the ability to nationally broadcast the State of the Union
c
Which statement accurately summarizes the impact of the Marbury v. Madison (1803) decision? Choose 1 answer: a. It established that the Bill of Rights implicitly protects the right to privacy b. It increased states' power to restrict freedom of speech when it endangers public safety c. It increased the power of the Supreme Court to rule on the constitutionality of acts of Congress, states, and the president d. It increased the power of Congress to carry out its enumerated powers by declaring that Congress has implied powers
c
"And the closer the 2006 midterm elections got, the more nervous congressional Republicans could be expected to get. Republican leaders in the House of Representatives sought to have the Senate move first, not wanting to have their members go out on a limb with a series of potentially costly party-line roll call votes that would have no policy payoff if Republicans in the Senate decided not to move a bill because they did not have the votes needed to pass it." Martin A. Levin, et. al, Building Coalitions, Making Policy: The Politics of the Clinton, Bush & Obama Presidencies, 2012 How might term-length differences have contributed to the lack of support from House Republicans? Choose 1 answer: a. Because members of the House have two-year terms, they are unlikely to support any legislation before a midterm election b. Because members of the House have six-year terms, they are unlikely to support a piece of legislation that helps a "lame-duck" president c. Because members of the House have six-year terms, they are unlikely to support a piece of legislation that may upset the median voter d. Because members of the House have two-year terms, they are unlikely to support a piece of legislation that may upset their constituents
d
"Energy in the Executive is a leading character in the definition of good government. It is essential to the protection of the community against foreign attacks; it is not less essential to the steady administration of the laws; to the protection of property against those irregular and high-handed combinations which sometimes interrupt the ordinary course of justice; to the security of liberty against the enterprises and assaults of ambition, of faction, and of anarchy . . ." -Alexander Hamilton, Federalist No. 70, "The Executive Department Further Considered," 1788 Which of the following is a consequence of the ideas set forth by the author of this passage? Choose 1 answer: a. The Congressional power to impeach a president for high crimes and misdemeanors b. The requirement that the president will periodically give information to Congress on the state of the Union c. The requirement that the president be at least 35 years old d. The establishment of the president as Commander in Chief of the military
d
"In addition to educating the country, [President Barack Obama's] goal is to frame the political debate and set an agenda that the next Democratic presidential nominee can run on next year—an agenda that Obama hopes will put opposition Republicans at a big disadvantage. Obama has been getting lots of attention for bypassing the Republican-controlled Congress and using his unilateral powers, such as executive orders, to get his way. But his power to persuade is another vital weapon in the president's arsenal, since he can command media and public attention almost whenever he wants." -Kenneth T. Walsh, U.S. News & World Report, 2015 The strategy described in the passage above is an example of which of the following? Choose 1 answer: a. Checks and balances b. Formal powers c. Cloture d. The bully pulpit
d
"There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid." -Alexander Hamilton, Federalist No. 78, "The Judiciary Department," 1788 Supporters of Hamilton's view that acts contrary to the Constitution are invalid could point to which of the following cases? Choose 1 answer: a. US v. Lopez b. McCulloch v. Maryland c. Shaw v. Reno d. Marbury v. Madison
d
A president believes the Court has overstepped its constitutional authority by requiring state legislatures to redraw congressional districts to address partisan gerrymandering. Which of the following could the president do to limit the Supreme Court's power in response? Choose 1 answer: a. Fire and replace Supreme Court justices b. Change the size of the Supreme Court c. Place term limits on the Supreme Court justices d. Refuse to implement the decision
d
At his first State of the Union, President Jason Mendoza uses the platform to inform the American public and the other branches of government of his policy goals for the first year of his presidency. His policy goals include supporting the buffalo wing industry and making Blake Bortles the king of Florida. The president's agenda-setting power can have which of the following effects on bureaucratic agencies? Choose 1 answer: a. It gives Congress the power to reorganize bureaucratic agencies in service of the president's policy goals. b. It informs bureaucratic agencies about how they should spend their budget. c. It limits the discretionary authority of bureaucratic agencies as they have to support the president. d. It pushes bureaucratic agencies to execute and follow through on the president's policy goals. Check
d
In 1975, Congress passed the Hazardous Materials Transportation Act, which gave the Department of Transportation the power to regulate the transport of potentially hazardous materials, like radioactive waste. In response, the Department of Transportation set regulations, such as requiring additional labels on shipment trucks that warn other vehicles that there is hazardous material in the truck. The action taken by the Department of Transportation is an example of which of the following? Choose 1 answer: a. The ability of executive agencies to decide on whether to take courses of action when implementing a policy b. The president's platform to promote an agenda directly to the American public without consultation from Congress c. A hearing called by congressional committees to hear testimonies from heads of departments and agencies d. A rule issued by an executive agency that lists specific regulations about how to implement a policy
d
In Gonzalez v. Raich (2005), the Supreme Court ruled that the commerce clause gave Congress the authority to ban the use of marijuana, despite conflicting state law. In the Court's majority opinion, Associate Justice John Paul Stevens argued that local use of marijuana affected the supply and demand of the national marijuana market. Which prior Supreme Court case could be cited as a precedent for the majority decision in Gonzalez v. Raich (2005)? Choose 1 answer: a. Shaw v. Reno (1993 b. Baker v. Carr (1962) c. Marbury v. Madison (1803) d. McCulloch v. Maryland (1819)
d
Read the passage below and answer the following question. Chris Wallace: "Mr. Trump, you're pro-life. But I want to ask you specifically: Do you want the court, including the justices that you will name, to overturn Roe v. Wade, which includes -- in fact, states -- a woman's right to abortion?" Donald Trump: "Well, if that would happen, because I am pro-life, and I will be appointing pro-life judges, I would think that that will go back to the individual states. Trump: "Well, if we put another two or perhaps three justices on, that's really what's going to be -- that will happen. And that'll happen automatically, in my opinion, because I am putting pro-life justices on the court. I will say this: It will go back to the states, and the states will then make a determination." -Presidential candidate Donald Trump, Final Presidential Debate, 2016 Based on his statement in the passage, which of the following policy goals does Trump want to promote through ideological appointments to the Supreme Court? Choose 1 answer: a. Crafting a federal law that bans all abortions b. Adding an amendment to the Constitution declaring that a fetus has the right to life c. Adding an amendment to explicitly protect the right to an abortion d. Reversing the precedent that the right of privacy extends to a woman's decision to have an abortion
d
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d
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d
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d
Use the excerpt to answer the question below. "Lifetime appointments and the new, highly ideological stakes provided senators ample incentives to use holds and silent filibusters to prevent a majority of their colleagues from acting on judicial nominations, both to block those with different ideologies and to keep slots vacant until the presidency moves into their party's hands. Along the way, judicial confirmations have become increasingly politicized, and delays in confirming appellate judges have led to increased vacancy rates that have produced longer case-processing times and growing caseloads per judge on federal dockets." -Mann, Thomas E. and Norman J. Ornstein, It's Even Worse than it Looks, 2012 Based on the text, which of the following statements would the authors most likely agree with? Choose 1 answer: a. Senate confirmation has been streamlined in recent decades, resulting in faster appointments b. Senate confirmation has no effect on judicial appointments c. Senate confirmation serves as an important check on the House of Representatives d. Senate confirmation serves as a check on appointment powers
d
Use the passage below to answer the following question. "Both Lincoln and Roosevelt undertook acts they knew to be beyond the Constitution. Both did so in times of transcendent crisis when the life of the nation seemed truly at stake. Both acted, knowingly or not, on Locke's doctrine of emergency prerogative, trusting that Congress would eventually approve their actions." -Arthur Schlesinger, The Imperial Presidency, 1973 Which of the following statements best summarizes the author's argument? Choose 1 answer: a. Presidents have enhanced the power of the presidency through the creation of new executive agencies b. Presidents have always respected the separation of powers and have only taken more power when Congress approved c. When presidents have attempted to take more power, Congress has constrained them d. Presidents have enhanced their constitutional powers beyond what is expressed in the Constitution in order to deal with major crises Check
d
Use the passage below to answer the following question. "The mystique of inside information—"if you only knew what we know"—was a most effective way to defend the national-security monopoly and prevent democratic control of foreign policy . . . "The power to leak meant the power to tell the people what it served the government's purpose that they should know . . . "The power to withhold and the power to leak led on inexorably to the power to lie. The secrecy system instilled in the executive branch the idea that foreign policy was no one's business save its own, and the uncontrolled secrecy made it easy for lying to become routine." -Arthur Schlesinger, The Imperial Presidency, 1973 Based on the text, which of the following statements would the author most likely agree with? Choose 1 answer: a. Secrecy is necessary for effective government action abroad b. The executive branch should not control foreign policy or national security c. Government leaks ensure that corruption in the executive branch is exposed d. The executive branch has too much power in implementing foreign policy
d
Which of the following actions can the states take to limit the Supreme Court's power? Choose 1 answer: a. File briefs to change the Court's decisions b. Pass legislation limiting the Supreme Court's jurisdiction c. Preventing cases from being sent to the Supreme Court d. Refuse to implement and enforce a ruling by the Court
d
Which of the following describes a difficulty the judicial branch faces in the policy implementation process? Choose 1 answer: a. The legislative and executive branches frequently ignore the rulings of the Supreme Court b. Supreme Court justices rarely have the opportunity to rule on cases of national importance c. The ideological composition of the Supreme Court frequently shifts when presidents nominate new justices d. The Supreme Court must rely on the other branches of government to enforce its rulings
d
Which of the following is an enumerated power of Congress? Choose 1 answer: a. Appointing and confirming justices for the Supreme Court b. Negotiating and approving treaties with other countries c. Creating a national bank and appointing employees to the national bank d. Generating a budget that addresses both discretionary and mandatory spending
d
Which of the following is the best example of an issue network? Choose 1 answer: a. A Congressional subcommittee on issues facing senior citizens b. A national organization committed to influencing legislation to promote small businesses c. An independent executive agency regulating telecommunications d. Government and private groups opposed to a proposal to run a pipeline through Native American land
d
Which of the following may the president do to limit the Supreme Court's power? Choose 1 answer: a. Veto parts of the Court's decision b. Pass legislation changing the court's jurisdiction c. Fire and replace Supreme Court justices d. Appoint new justices to the Supreme Court
d
Which of the following scenarios is an example of a bureaucratic agency using its discretionary authority? Choose 1 answer: a. The Department of Veterans Affairs sends officials to testify before a congressional committee. b. The Department of Education meets with the American Federation of Teachers to discuss policy implementation. c. The Federal Election Commission publishes a report listing every person who donated more than $200 to a campaign. d. The Environmental Protection Agency issues a fine to a company for violations of the Clean Air Act.
d
Which of the following scenarios would most likely be considered judicial restraint? Choose 1 answer: a. The Supreme Court refuses to hear a case and sends it to a lower court for the facts to be presented again b. The Supreme Court decides to hear a case after four justices vote to accept the case c. The Supreme Court makes a ruling based on previous Court decisions d. The Supreme Court refuses to hear a case because the justices believe the issue should be solved by the legislative branch
d
Which of the following statements best describes one limitation that Congress faces when attempting to monitor the bureaucracy directly by calling oversight hearings? Choose 1 answer: a. The president has the power to cancel any oversight hearings on the agenda if they feel like it will interfere with the agency's ability to implement policy. b. The separation of powers gives the judicial branch the power to hold hearings, not the legislative branch. c. Congressional hearings have no legal standing and Congress has no powers to force bureaucrats to testify before committees. d. Oversight hearings take a lot of time and resources to be effective and Congress is too small to monitor all administrative actions directly.
d
Which of the following statements best describes one obstacle the president faces when trying to manage the bureaucracy? Choose 1 answer: a. The bureaucracy has a stronger relationship with Congress, making them less obligated to the president and their goals. b. The bureaucracy is in charge of implementing policy, which falls outside of the scope of the tasks under the presidency. c. The bureaucracy has a lot of turnover where employees constantly leave and the president has to replace them. d. The bureaucracy is large and handles many issues, making it difficult for the president to stay informed on all administrative activities.
d
Which of the following statements best explains how rule differences in the House of Representatives and the Senate can affect the policymaking process? Choose 1 answer: a. Even though the Senate may pass a bill, the House can delay the bill with a discharge petition b. Even though the House may pass a bill, the Senate Rules Committee can delay it c. Even though the Senate may pass a bill, the House can delay it with a hold d. Even though the House may pass a bill, the Senate can kill the bill with a filibuster
d
Which of the following statements best explains the difference between iron triangles and issue networks? Choose 1 answer: a. Issue networks only include members of Congress, bureaucrats, and interest groups, whereas iron triangles include members of the media and other experts. b. Issue networks rely on the bureaucracy to implement policy goals, whereas iron triangles rely on grassroots organizations. c. Issue networks are stable relationships that last for long periods of time, whereas iron triangles appear when a particular policy issue becomes popular. d. Issue networks are more likely to focus on a single issue, whereas iron triangles focus on a policy area.
d
Which of the following statements describes a consideration presidents face when deciding whether or not to issue a veto? Choose 1 answer: a. If the opposing party has a simple majority in Congress, they may choose to refuse to accept the veto b. If the president's party has a supermajority in Congress, they may choose to rule the president's veto unconstitutional c. If the president's party has a simple majority in Congress, they may choose to issue a signing statement that interprets the law differently d. If the opposing party has a supermajority in Congress, they can vote to override the veto
d
Which of the following statements explains how an executive order can cause conflict between the president and Congress? Choose 1 answer: a. An executive order enhances the power of the legislative branch because it creates laws the president cannot veto b. An executive order enhances the power of Senate committees because it allows a simple majority vote to confirm presidential appointments c. An executive order enhances the power of the president's cabinet because it creates laws without the president's approval d. An executive order enhances the power of the president because it create laws without congressional approval
d
Which statement accurately summarizes the impact of the Shaw v. Reno (1993) decision? Choose 1 answer: a. It increased states' power to create districts based on race so as to ensure compliance with the Voting Rights Act of 1965 b. It incorporated the Fourteenth Amendment and made it apply to state and local governments c. It struck down several provisions in the Voting Rights Act of 1965, giving states more power to create new Voter ID laws d. It created a strict standard of scrutiny when creating new legislative districts, ruling that race cannot be the predominant factor
d
