ap gov unit 2
Mar bury v. Madison
"The Federalist No. 78 says, "A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body." In which of the following decisions did the Supreme Court use an argument most similar to the one in The Federalist No. 78 ? A McCulloch v. Maryland (1819) B Schenck v. United States (1919) C Brown v. Board of Education of Topeka (1954) D Marbury v. Madison (1803)
making a direct appeal to the public through mass media
A President may persuade recalcitrant members of Congress to vote for a particular bill by A having members who oppose the bill transferred to unpopular committees B denying campaign funds to members who oppose the bill C threatening to deny renomination to members who oppose the bill D threatening to item veto part of a different bill that enjoys bipartisan support in Congress E making a direct appeal to the public through mass media
agriculture
A first term member of the House of Representatives from North Dakota who wished to maximize opportunities for constituent service would be most likely to seek placement on which of the following committees? A Judiciary B Agriculture C Rules D Foreign Affairs E Science and Technology
Presidents seek to place individuals on the Court whose policy views are similar to their own
A major reason why the majority of Supreme Court justices have had political experience prior to appointment to the Court is that A justices are expected to act like politicians in their decision-making B Presidents seek to place individuals on the Court whose policy views are similar to their own C the Senate will refuse to confirm any nominee to the Court who is not familiar with the political process D appointment to the Supreme Court is a reward for political party loyalty
Supreme Court justice
A newly elected president faces a Senate controlled by the opposition party. Which of the following presidential appointments is the most likely to encounter difficulty with confirmation by the Senate? A Secretary of Defense B Supreme Court Justice C Chair of the Council of Economic Advisors D Ambassador to Germany
Obama nominating Sonia Sotomayor to the Supreme Court during his presidency
All of the following are examples of a president stretching presidential power in order to advance the nation and the people EXCEPT A Abraham Lincoln suspending habeas corpus in order to keep Union troops moving during the Civil War B FDR passing the New Deal programs during the Great Depression C Obama nominating Sonia Sotomayor to the Supreme Court during his presidency D Roosevelt's progressive actions aimed towards environmental conservation
the voters can oust federal judges in national elections
All of the following serve as checks on the power of the federal courts EXCEPT: A Federal judges can be impeached. B The voters can oust federal judges in national elections. C Congress can pass a law clarifying "legislative intent." D Presidents, governors, and local executives can refrain from enforcing court rulings. E Congress and the state legislatures can amend the Constitution.
independent regulatory agencies
Bureaucratic group free from presidential control
formal presidential powers
Commander-in-chief of armed forces; pardon power (except for impeachment); treaty power; appointment power; veto power
Reviewing the annual budget appropriations for the agency
Congress has exerted influence on the operation of a federal agency by doing which of the following? A Requiring the agency to participate in interagency task forces B Dismissing an agency head who disagrees with congressional priorities C Reviewing the annual budget appropriations for the agency D Passing "sunset" legislation that terminates programs after a certain period E Asking the Supreme Court for advisory opinions on agency regulations
modern presidents often try to avoid legislative checks and balances on their authority
Executive agreements have been cited as evidence that A modern presidents often try to avoid legislative checks and balances on their authority B the executive branch has become too large and bureaucratic C presidents have less power in handling foreign policy than in handling domestic policy D interest groups have too much power in the contemporary governmental system E the courts have few means of limiting presidential power
commerce clause
Facebook is being regulated in 50 states and it is interstate commerce
The state legislature could have refused to implement the decision, leading to a crisis in the legitimacy of the Supreme Court's authority.
In Baker v. Carr (1962), the Supreme Court ruled that a state legislature would have to redraw their representative districts in order to comply with the Constitution. Which of the following potential difficulties could have resulted from this decision? A The state legislature could have refused to implement the decision, leading to a crisis in the legitimacy of the Supreme Court's authority. B The United States Congress could have requested that funding be cut off from the redistricting program. C The president could have created an executive agreement with the state that overrode the Supreme Court's decision. D A state appellate court could have issued a ruling that overturned the ruling of the United States Supreme Court
a single executive who can respond quickly to crises
In The Federalist 70, Alexander Hamilton states that "energy in the executive is a leading character in the definition of good government." In this statement, Hamilton is arguing in favor of the need for A a single executive who can respond quickly to crises B a president who has a good understanding of public policy C an electoral college in the selection of the president D a president who is youthful and assertive
Unpopular Supreme Court decisions can be avoided or ignored if other branches refuse to cooperate with the outcomes of those decisions.
In Worcester v. Georgia (1832), the Supreme Court used the power of judicial review established in Marbury v. Madison (1803) to strike down a Georgia state law that regulated the relationship between citizens of Georgia and members of the Cherokee Nation. President Andrew Jackson opposed the decision and famously challenged the Supreme Court to enforce it. As the Supreme Court was not able to enforce the decision, the other branches of government ignored it. This example illustrates which of the following? A The president can approve or veto decisions made by the Supreme Court. B States have the power to nullify federal laws. C Congress can prevent Supreme Court decisions from being enforced by appropriating money to the Department of Justice. D Unpopular Supreme Court decisions can be avoided or ignored if other branches refuse to cooperate with the outcomes of those decisions.
stare decisis
In the United States judicial system, when a judge decides a case based on decisions rendered in similar cases in the past, the judge is following the principle of A amicus curiae B stare decisis C justiciability D diversity E certiorari
the speaker of the house
Of the following, which is the most powerful figure in Congress? A The Chair of the House Ways and Means Committee B The Minority Whip of the Senate C The Speaker of the House D The Majority Whip of the House E The Chair of the Senate Finance Committee
The president introduces a specific budget bill for defense spending, but Congress uses its power of legislative oversight to set up a negotiation process with the president.
On February 9, 2016, President Barack Obama released his budget proposal for the 2017 fiscal year. Facing a Republican Congress, many declared the plan "dead on arrival." Among the cited issues was Obama's request for $582.7 billion in discretionary spending for defense, which many Republicans believed was not enough. Which of the following most accurately explains the interaction between the president and the Congress regarding the defense budget? A The Congress has the enumerated power to raise revenue, but it is forced to work with the president because the president has the power to determine spending for each department in the upcoming fiscal year. B The president can create a budget for defense spending, but Congress has the power to execute laws and operate the government, which can affect how much money is actually spent. C Congress passes a budget for the entire federal government, including defense, but it must consider the president's proposal because the president may veto the bill. D The president introduces a specific budget bill for defense spending, but Congress uses its power of legislative oversight to set up a negotiation process with the president.
justices are free from direct and political pressures
Supreme Court justices were given tenure subject to good behavior by the framers of the Constitution in order to ensure that A justices are free from direct political pressures B justices remain accountable to the public C justices are encouraged to make politically popular decisions D cooperation between the judicial and legislative branches is assured E Presidents are encouraged to seek younger nominees for the Supreme Court
deploy troops
The President can do which of the following without seeking the consent of either the House or the Senate? A Ratify Treaties B Appoint Ambassadors C Appoint District Court Judges D Deploy Troops E Declare War
in the area of foreign policy
The President must bring troops home from hostilities within 60 to 90 days unless Congress extends the time.
oversight
The Web site healthcare.gov was launched on October 1, 2013, to help citizens purchase health insurance for themselves in accordance with the Affordable Care Act. Within two hours of launch the site crashed. Once it was restored, problems continued, leading to difficulty for users. The following year, Secretary of Health and Human Services Kathleen Sebelius was called to testify before the House Energy and Commerce Committee to discuss the issue. The committee held this hearing as part of which of the following functions? A Committee markup B Budget testimony C Oversight D Impeachment
the House is so large that more work can be accomplished in committees than on the floor
The committee system is more important in the House than in the Senate because A the seniority system plays no role in the House and therefore committees must play a larger role B the Constitution mandates the type of committee structure in the House C committee members are appointed by the President D the House is so large that more work can be accomplished in committees than on the floor E the majority party in the House prefers to give priority to the work of the committees
judicial activism
The idea that judges ought to freely strike down laws that are inconsistent with their understanding of the Constitution is known as A original intent B judicial restraint C judicial activism D judicial review E stare decisis
legislative oversight
The role Congress plays in ensuring that executive branch agencies are carrying out their legislated responsibilities is known as
judicial restraint
Those who believe that the Supreme Court in its rulings should defer to the elective institutions of government are advocating A "Social Darwinism" B "judicial activism" C "judicial restraint" D "incorporation" E "nullification"
the Supreme Court will not hear the appeal
When a lower court decision is appealed to the Supreme Court, which of the following is most likely to occur? A The Supreme Court will reconsider the case, and overturn the lower court decision. B The Supreme Court will reprimand the lower court judge for improperly deciding the case. C The plaintiffs or defendants will file motions for a change of venue. D The case will be retried at the lower court level. E The Supreme Court will not hear the appeal.
ways and means
Which of the following committees plays a major role in the House in shaping tax policy? A Finance B Ways and Means C Commerce D Appropriations E Governmental Affairs
The Supreme Court can declare federal legislation invalid if the legislation violates the Constitution.
Which of the following did the Supreme Court establish in Marbury v. Madison ? A The Supreme Court can declare federal legislation invalid if the legislation violates the Constitution. B Each state has the right to set up and run its own court system. C All the powers that are not explicitly given by the Constitution to Congress belong to the states. D Any president who commits treason, bribery, or other high crimes and misdemeanors can be impeached. E The Constitution can only be amended by a two-thirds vote of the members of the House of Representatives.
Use the State of the Union Address to pressure Congress to pass a bill lowering income taxes.
Which of the following is an action a president can take to rally public support for the administration's legislative agenda A Use the State of the Union Address to pressure Congress to pass a bill lowering income taxes. B Hold private meetings with key members of Congress to promote a compromise on the budget.. C Forge an executive agreement with another country regulating the safety of consumer products. D Sign a bill into law that would provide increased aid to college students.
holding hearings for review of an executive agency's activities
Which of the following is an example of congressional oversight? A Holding hearings for review of an executive agency's activities B Assisting constituents with particular problems C Reporting campaign contributions to the Federal Election Commission D Signing trade agreements with other countries without input from the president E Conducting ethics investigations of congressional leadership
The president announces the nomination of a cabinet secretary on the Internet.
Which of the following is an example of how the innovation of social media can influence presidential behavior? A The president holds a press conference to discuss midterm election results. B The president outlines the administration's legislative agenda in the State of the Union Address. C The president hosts a White House dinner with a foreign head of state. D The president announces the nomination of a cabinet secretary on the Internet.
The President must bring troops home from hostilities within 60 to 90 days unless Congress extends the time.
Which of the following is articulated in the War Powers Resolution? A The President may declare war. B The President must finance any war efforts from a special contingency fund. C The President must bring troops home from hostilities within 60 to 90 days unless Congress extends the time. D The President may not nationalize state militias without congressional consent. E The President may not send troops into hostilities without a declaration of war from Congress or a resolution from the United Nations.
the branches have different constituencies with different intrests
Which of the following is the primary reason for the tensions that exist between the legislative and executive branches of the federal government? A Each branch sets and approves the other's budget. B The branches are staffed with many of the same people. C The branches have different constituencies with different interests. D The branches are responsible for the selection of Cabinet-level officials. E Each branch has the constitutional power to levy taxes.
It does not require Senate approval, but may require congressional allocation of funds for implementation.
Which of the following is true of an executive agreement made between a United States President and another head of state? A It does not require Senate approval, but may require congressional allocation of funds for implementation. B It does not require congressional funding because the President can use the power of the purse to raise implementation funds. C It has more legal force than a treaty. D It is binding on all succeeding Presidents and Congresses. E It has been used extensively to end armed conflicts.
The chairs of congressional committees tend to be senior members of the body's majority party.
Which of the following is true of the seniority system of Congress in relation to committee leadership and committee staffing? A Members of Congress with the longest continuous service are assured the chairmanship of major congressional committees. B Members of Congress must be elected from safe seats to accrue committee seniority. C Members of congressional committees are the most senior members of the body's majority party. D The oldest members of Congress have the most seniority. E The chairs of congressional committees tend to be senior members of the body's majority party.
The Supreme Court bases its decision in a case involving the commerce clause on one of its earlier decisions involving the commerce clause.
Which of the following scenarios best illustrates the concept of a case being decided based on precedent? A The Supreme Court bases its decision in a case involving the commerce clause on one of its earlier decisions involving the commerce clause. B The Supreme Court overturns a lower court decision in a case dealing with voter identification laws. C A state passes a law which contradicts federal law, causing the Supreme Court to rule in favor of the federal government. D The chief justice of the Supreme Court disagrees with the majority of the other justices and decides to declare a law passed by Congress as unconstitutional.
President Reagan delivering a televised address urging a reduction in federal taxes
Which of the following situations is an example of the president using the bully pulpit as a tool for agenda setting? A President Clinton invoking executive privilege in resisting a subpoena by the United States Senate during the Whitewater investigation B President Bush issuing a signing statement in the Detainee Treatment Act of 2005 that considerably weakened its provisions C President Obama issuing an executive order delaying the deportation of at least five million undocumented immigrants D President Reagan delivering a televised address urging a reduction in federal taxes
judicial restraint
abiding to what the constitution says
delegated discretionary authority
agency's ability to decide whether or not to take certain courses of action when implementing existing laws
appellate jurisdiction
case is being reviewed
judicial activism
changing policy
congress
determines the size of the Supreme Court
legislative branch
executive agreement overstep which branch
informal presidential powers
executive order, executive agreement, executive privilege
original jurisdiction
first time the case is presented in front of the court
congressional oversight example
having a committee hearing or power of the purse
amend the constitution
if the legislative branch does not agree with a SCOTUS ruling how can they check them
commerce clause
in US v. Lopez what was the ruling and which clause was in question
judicial then executive
in federalist 78, Hamilton argues ___________ branch is the weakest and needs __________ breach for enforcement
main point of War Powers Resolution
limit the presidents power to declare war
delegate role
listen to the people who vote them into office
debate in congress
senate unlimited time (can filibuster). in the house the ey have the rules committee and it is much more formal and only have an hour to debate.
Bully Pulpit
someone that is in power when they r talking we are going to listen and message is going to get across and persuade people
high court of appeals
the main function of the Supreme Court according to the constitution article III
reasoning for decision in Baker v. Carr
the precedent jury pandering cases go to Supreme Court because they didn't feel like vote mattered in the district. they decided unconstitutional for state legislature to make these district and voices weren't being heard
bureaucratic rule making
when agency's make rules that corporations and states have to follow
bureaucratic implementation of law
when congress passes a law and bureaucracy implements it
conference committee
when the house and the senate come together to meet about a bull before it goes to the president
gerry mandering
when the state legislature gets to decide the boundaries for districts whatever state legislature power is going to shape districts so more people in their party get elected
house
where do all revenue bills originate from
cabinet
which part of the bureacracy often develops strong loyalty to their department
they hold their position for life
why are judicial nominations often the most contnentious