big gov test
How does political ideology differ between the House and Senate?
As a whole, the senate is typically more moderate because it represents entire states.
hat are the "exclusive powers" of the Senate?
Authority over financial and budgetary matters.
What experience is shared by many White House staff members? What role does loyalty play in the West Wing?
Government officials, the members of the West Wing are the most loyal to the president
What are earmarks?
Government spending devoted to specific problems, many appropriation bills include earmarks.
How a bill becomes a law:
-congressman or senator (legislator) introduces a bill, usually comes from interest groups or constituents -bil referred to a committee, can start in either house, financial ones only in the house -bill is marked up and voted on -moves to floor, senate decides time to vote and decides whether or not there will be amendments. Closed vs open rule- open rule make it less like for a bill to pass bc random clauses can be added to the bill and some may not agree with the amendments added -if it wins majority of the senate it moves to the house -senate version of the bill is sent to the house and then it goes to the floor of the house where it goes to the rules committee then is reported out to the house -if it receives majority of votes in house it is passed -bill has to pass both houses and goes to pres -bill is usually changed by second house so it is sent to a conference committee where it is debated on between houses-compromise bill -compromise is sent back to both houses,voted on, and moved to president -president can veto bill -if president doesn't sign or veto-pocket veto, it isn't signed bc of political rule and congress remains in session for more than 10 days, it becomes a law -veto can override a ⅔ vote.
Three functions of congress:
-legislative function: drafting and passing laws. -oversight function: overseeing executive branch. -casework: solving problems for citizens related to government services.
How many circuit courts are in the federal judicial system?
12
How long is a term for a member of the House? How long is a term for a member of the Senate?
2,6 (so long for stability and expertise) no term limit, if you win every election you can keep serving-incumbents.
When was the two term limit established for the presidency? Why was this limit established?
22nd Amendment (1947)- relates to checks and balances and limiting Presidential power so that they do not become abuse their power
What are the requirements for serving in the House? The Senate?
25 years, citizen for 7 years, state resident or 30 years, citizen for 9 years, state resident.
How many members of the House are up for election every two years?
435, every rep is up for election every 2 years. Seats in the house are appointed because on state population.
What percent of incumbents win reelection in the House and Senate? What creates incumbency advantage?
90% in the house and 80% in the senate. Incumbent: someone who is already holding office. More likely because of their name recognition, campaign money- they have an advantage in campaign spending, they have the time to campaign full time-challengers cant.
How many district courts are in the federal judicial system?
94
What does the term bureaucracy mean?
A large organization consisting of many layers of workers operating under rigid rules )employees operate under standard operating procedure). The federal bureaucracy is made up of all the various federal departments, agencies, boards etc.
What is the role of the U.S. Solicitor General?
A presidential appointee and the third ranking officer in the department of justice. The solicitor general is in charge of the appellate court litigation of the federal government
Why did George Washington famously describe the Senate as a "saucer"?
A saucer cools tea like the senate should cool house legislation.
Why does Hamilton support a unitary executive as opposed to a plural executive in Federalist 70?
A strong president with leadership- unitary system What tends to happen to presidential approval ratings as presidents complete their terms? Why does this happen? They usually drop
What is meant by the term "civil service"?
A system of hiring and promotion based on the merit principle and the desire to create a nonpartisan government service.
What is the relationship between party control of Congress and the committee system?
According to the house and senate rules, the party with the majority in the house and senate gets to choose committee chairmen. The majority party also gets more seats on every committee. This allows the majority party to control the agenda in congress.
What is the difference between judicial activism and judicial restraint?
Activism: a judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground Restraint: a judicial philosophy in which judges play minimal policymaking roles, leaving the duty to the legislators
What is an independent regulatory commission?
Agencies that exist outside of the executive departments. Created to regulate specific ECONOMIC activities and interests. EX: federal communications and commision (FCC), securities and exchange commission (SEC), Federal reserve system (THE FED) ect.
What positions can the president fill through appointment? Who must approve presidential appointments?
Ambassadors, judges, executive officials SENATE- "advice and consent"/ simple majority
How do interest groups attempt to shape the judicial branch?
Amicus curiae: outside groups can file these briefs or "friend of the court" briefs if they believe the court's decision will have an impact on the. What is meant by judicial implementation?
What is the difference between an iron triangle and an issue network?
An issue network is the same, but more complex. Issue networks also have: lawyers, academics and "think tanks", and public relations experts.
What is a "rider"?
An unrelated amendment that is added to a bill.
Which article of the Constitution establishes the Judicial Branch of the U.S. Government?
Article 3 calls for a supreme court. The article does not specify the number of justices the court should have. This article gives congress the power to create "inferior" or lower courts. Congress immediately created lower courts through the judiciary act of 1789.
What bills must start in the House of Representatives?
Bills that involve taxation.
What are common complaints about the federal bureaucracy? Are these complaints necessarily valid?
Bureaucracy is often considered a derogatory term. In order to solve problems the government ends up creating additional agencies or hiring more staff. Fragmentation and redundancy are common. Bureaucracies are slow to act because of the many layers of people and paperwork included to make each decision. "Red tape": a term used for unnecessary steps and paperwork in a bureaucracy. Waste can be a problem- products end up costing much more when purchased by government. Conservatives often claim that the bureaucracy and regulation hurt our economy.
What is senatorial courtesy?
By tradition presidents seek approval of the senior senator from the state where district court judges will serve. The president also will discuss nomination with key senators.
What do the GAO, CBO, and CRS do?
CBO: provides estimates of revenues and spending. Bills are sent here before voting takes place. CRS: provides research for members of congress.
How can Congress "check" the executive branch? The judicial branch?
Can override a presidential veto with a ⅔ vote Can impeach judges
Why was Marbury v. Madison such an important Supreme Court case? Who was the Chief Justice of the Court during Marbury v. Madison?
Chief justice john marshall ruled that the supreme court has the ability to declare acts of the legislative and executive branches unconstitutional (judicial review). The case increased the power of the supreme court. Judicial review is not listed in the constitution but it is discussed in federalist 78.
Who is the most powerful member of the White House Staff?
Chief of Staff
What are the ten roles of the President? Why is it nearly impossible for the President to serve only one role at a time?
Chief of State Chief Executive Chief Administrator Chief Diplomat Commander in Chief Chief Legislator Chief of Party Chief Citizen Chief Crisis Manager Chief Economist It is nearly impossible for the president to serve only one role at a time because most roles overlap. Ex. the president's actions as Commander in Chief will impact the way they interact with foreign relations, and so on.
What is meant by the term Congressional oversight?
Congress has the power to review investigations and anything the executive branch does.
Who draws district borders for the House of Representatives?
Congressional redistricting is the census taken every 10 years to determine population. State legislatures redraw congressional districts every ten years to account for population changes (federalism).
What did the Pendleton Act accomplish? How did the Pendleton Act weaken political parties?
Created the merit system for hiring federal workers (civil services exams proves qualification). End political patronage and weakens political parties.
What has happened to political ideology in the House and Senate over the past several decades?
Descriptive representation: representatives have the same demographic characteristics as constituents. Substantive representation: representatives serve the interests of constituents, even if they don't have the same demographic characteristics.
What is an independent executive agency?
Different from the 15 executive departments because they do not answer directly to the president. These agencies are run by boards or commissions with staggered terms that don't coincide with presidential terms. So they have less political pressure than executive departments. Heads are appointed by the president and approved by the senate. They can't be fired by the president. EX: central intelligence agency (CIA), social security administration, office of personnel management (OPM), national aeronautics and space administration (NASA).
What is an executive order? Are executive orders specifically mentioned in the Constitution?
Executive order- tells government officials how to interpret/enforce laws No
What is a government corporation? Be able to give a few examples of government corporations.
Government entities that could be run for a profit. These usually provide valuable services that might not always be profitable. EX: amtrak, U.S. post office, federal deposit insurance corporation (FDIC), tennessee valley authority (TVA).
How does the Supreme Court decide whether or not to hear a case? What does it offer if it wants to hear a case?
First, a petitioner will ask the court to hear a case (asks for a writ of certiorari). Petitions usually come from citizens who lost the case in one of the circuit courts. Second, the court issues a writ of certiorari to hear a lower case if 4 of the 9 justices would like to hear the case (often called the "rule of four"). Once "cert" is issued, the case is put on a calendar. The supreme court tends to grant cert to cases dealing with conflict among circuit cords, and where the federal government is asking for review. Third, briefs are sent to the court from the "petitioner" and the "respondent". These briefs provide background information on the case and tell the court why they think the court should side in their favor. Outside groups can file amicus curiae briefs of "friend of the court" briefs if they believe the court's decision will have an impact on them. Amicus briefs are one of the major ways interest groups try to impact the court. Fourth, both the petitioner and respondent argue their case during oral arguments. Each side has thirty minutes to present their case. Justices may ask questions at any time. U.s. solicitor general: represents the united states in cases where the united states is a party. Fifth, the justices hold a conference where they debate the merits of both sides and then vote on how they believe the court should rule. Majority rules on the court... 5 to 4 decisions are common. Sixth, members of the court write opinions to explain why they ruled the way the did: the majority opinion: the decision of the court, it is written by one of the justices who sided with the majority, a concurring opinion: is written by a justices who sided with the majority but has a different reason than the one presented in the majority opinion, a dissenting opinion: is written by justices who were in the minority, and a per curiam opinion: is an unsigned opinion by the court.
Outline the "textbook" bill-to-law process.
HOUSE: the fill is introduced in the house, referred to the appropriate committee, reported by committee, rules committee action, floor action house debate and vote, if voted through it goes to the conference committee, then goes through the house and the senate, and is vetoed or signed by the president. SENATE: bill introduced to the senate, referred to the appropriate committee, reported by committee, floor action, senate debate and vote, sent to conference committee, sent through the senate, sent to the president to veto or sign.
When in their terms do presidents tend to have the most power over the legislative process?
Honeymoon period
What are the two specific parts of the impeachment process?
House bring articles of impeachment against accused and senate tries accused based on house charges.
What are two reasons Congress breaks up into committees?
House house and senate break into committees because this allows members to work on multiple things at the same time, allows members to develop and use expertise, seats on committees are often based on seniority.
Why are committees in the House more powerful than committees in the Senate?
House: the speaker is more powerful, bill always goes through committees, powerful rules committee, tight limits on debate, close rules-no non-germane amendments on the house floor, follows majority rule. Senate: majority leader is weaker, committees easily bypassed, weak rules committee, unlimited debate, open rules-common non-germane amendments on senate floor=riders, often requires supermajority or 60 votes for cloture.
Is this hierarchy established in the Constitution?
No- the Presidential Succession Act of 1947
What is an inferior court?
Inferior courts include trial courts and appellate courts. These are the courts below the supreme court in the judiciary system, the lower federal courts.
What process is described in the 25th Amendment?
It states that the VP becomes President if the President is unable to serve and establishes how the VP and cabinet can determine whether or not the President it capable to serve
What determines whether state courts or federal courts have jurisdiction in a case?
Jurisdiction: "speak the law"- jurisdiction decides where a case is heard. Jurisdiction can be based on geography or content. (federal vs. state/ where it is heard). Original jurisdiction: where the case is first heard. Appellate jurisdiction: where cases are heard on appeal. Exclusive jurisdiction: when cases can only be heard in one court or court system. Concurrent jurisdiction: when cases can be heard in multiple courts or court systems.
What is a line-item veto? Why is the line-item veto seen as a good way to balance the budget? What did the Supreme Court say about the line-item veto?
Line-item veto- the president's power to veto parts of appropriations bills granted in 1996 Supreme Court ruled this unconstitutional (Clinton vs. City of New York) because it violates separation of powers
Why is the House of Representatives considered to be more closely aligned with the will of the American public?
More closely represents the views of citizens because of the size of district and regularity of elections.
What are the key positions within the Executive Office of the President (EOP)?
National Security Council (NSC): coordinates matters of national security Council of Economic Advisors (CEA): advises the president of econ topics Office of Management and Budget (OMB): reviews the budgetary implications of federal programs and legislation
What are the formal requirements for serving as President?
Natural born citizen 35+ yrs old Lived in the US for at least 14 yrs Have not served 2 terms as president (22nd Amendment)
In what ways are these agencies "independent"? Be able to give a few examples of examples of independent executive agencies.
Organizations like independent regulatory commissions and independent executive agencies are granted independence to protect them being used for political purposes. (EX: obama couldn't use the FCC to shut down Fox News). These organizations are independent because they dont answer directly to the president, they are appointed by the president but can't be fired by the president, terms are staggered and do not match up to presidential terms so a commission will have several members appointed by the previous president.
What is the Hatch Act?
Outlaws federal employees from participating in political activities. Can't use the bureaucracy for political advantage. The cabinet is not specifically mentioned in the constitution.
What powers can the three branches of government exercise over the bureaucracy?
PRESIDENTS: Appoint and remove department heads (can't remove independent agency heads), propose budget changes for agencies, and issue executive orders. CONGRESS: Pass laws that change bureaucratic actions, specific laws eliminate rule-making and discretion, abolish agencies and programs or cut funding, oversight/investigations of agencies, and approve presidential appointees to agencies. COURTS: Rule on constitutionality of rules and regulations. This is called "administrative law".
What are the informal powers of the presidency?
Power over the legislative agenda Executive agreements, executive orders, and signing statements Access to media, power of persuasion- "bully pulpit"
What has happened to presidential power over time? What is meant by the term "Imperial Presidency"?
President has gained power "Imperial Presidency": the president abuses their power/ is too powerful
What powers, both formal and informal, does the president have over the decision to go to war? What powers does Congress have over the decision to go to war?
President is Commander in Chief but Congress declares war War Powers Resolution (1973): President can only use military force for 60 days without Congress' approval and they must inform Congress within 48 hours (leg check on exec)
What is the difference between a White House that uses a pyramid structure, a circular structure, or an ad hoc structure?
Pyramid: most assistants report through a hierarchy to a chief of staff, who deals directly with the president Circular: assistants report directly to the president, no screening by the chief of staff Ad hoc: task forces, committees, and informal groups of friends and advisors deal directly with the president
What is the difference between reapportionment and redistricting?
Reapportionment takes place the year after the census taken every ten years to determine population. Reapportionment deals with the house of representatives, we reapportion the 435 seats every year after the 10 yearly census is taken.
What does the term "Bully Pulpit" mean?
Refers to how the President can use the media in order to gain more public support. This is important because Representatives are more likely to vote in favor of initiatives of a President who is popular with the electorate, public support gives the president more legitimacy and legislative support.
Who selected U.S. Senators prior to the 17th Amendment?
Senators were originally selected by state legislatures, direct election was added by the 17th amendment.
What are the leadership positions in the House and Senate? What do these leaders do?
Speaker of the house (pelosi): presides over house, assigns members to committees, controls who revieces bills, head of party if president is from another party, constitution puts the speaker behind the V.P. in line. House majority leader (steny hoyer): schedules bills for votes, rounds up votes. House minority leaders (kevin mccarthy): rounds up votes, top party member in house.
What are the four types of committees?
Standing committee: permanent subject-specific committees. Standing committees do a bulk of the work in congress. special/select committees: perform a special functions (investigation). Joint committees: committees made up of members of both the house and senate. Conference committees: committees made up of members of the house and the senate tasked with making a compromise about two separate versions of a bill. KEY COMMITTEES: house- rules committees, ways and means (taxation), appropriations (spending), oversight. Senate- judiciary (initial approval of presidential nominees), foreign relations, appropriations.
Which courts in the federal judicial system (district courts, appellate courts, the Supreme Court) have original jurisdiction? Which have appellate jurisdiction? Do any have both?
Supreme court: 1 court, has original and appellate jurisdiction, has judges, does not appeal. Courts of appeals: 12 courts, has appellate jurisdiction, has judged, can appeal. District courts: 94 courts, has original jurisdiction, has judges and juries, can appeal.
Where do filibusters occur? What is a filibuster? What is needed to end a filibuster?
Taking a bill to death, only exist in the senate. It can be overcome with a vote of cloture by 60 members of the senate. The senate can add a "non-germane" amendment on the floor, the house usually operates under the "closed-rule" and will not accept amendments on the floor.
What are the expressed powers of Congress?
Tax and spend for general welfare, borrow money, interstate and international commerce, establish laws of naturalization.
What is meant by the term "litmus test" in reference to judicial nominees?
Testing opinion on the abortion debate is commonly known as the "litmus test': judicial nominees are submitted to the senate judiciary committee and the committee holds hearings to ask questions to nominees about judicial beliefs and philosophy.
What is the only formal role of the Vice President?
The VP is the president of the Senate and only votes in ties in the Senate What does it mean to say that a VP was chosen to "balance the ticket"? When a presidential candidate chooses a running mate, usually of the same party, who has the goal of bringing more widespread appeal to the campaign
Approximately how many cases a year does the Supreme Court hear?
The court is on average asked to hear approximately 80-100 cases each year but it only hears between 80-100 cases each year.
Why are vetoes relatively rare? How often does Congress override vetoes?
Vetoes are rare because legislation being passed is usually in line with the president's agenda. Congress rarely overrides vetoes because they need a ⅔ vote from each house to do so- generally less than 10%
What is meant by the terms "rule making" and "regulation"?
The executive branch is thought of carrying out laws written by congress, however, the various federal agencies often get to write rules and regulations about how laws will be enacted and enforced- known as discretionary authority. All federal regulations are listed in the federal register. Congress gives these rule-making power to bureaucrats because congress lacks the expertise of bureaucrats, congress doesn't have the time to write very specific laws, and they can blame bad policy on bureaucrats. EX: congress might write a law saying it is illegal to discriminate against someone base on race. However it is set up to the department of justice to define discrimination, how discrimination will be monitored, and the punishment for discrimination.
Supreme Court decisions tend to follow public opinion. Why does this occur?
The framers sought to protect judges from public opinion: they were appointed, they serve for life, they set the agenda, the cant reduce salaries, the limit access to court proceedings. Although framers made sure they were protected from public opinion, supreme court decisions usually follow public opinion: through the appointment/confirmation process, the rely on other officials to execute laws, the supreme court can be overruled with constitutional amendments, there is a concern for reputation within the country, there is a concern for potential impeachment, and congress can always add new members (FDR: court packing i think).
What is pork-barrel spending? How has pork-barrel spending changed over the past decade?
The practice of using earmarks to help specific districts are interest groups in return for votes or campaign contributions. Members of congress often add them to appropriation bills at the last minute and thus, don't receive much public scrutiny. Members of congress may seek committee position that allow them to add earmarks most beneficial to their constituents. Lobbyists specifically seek earmarks from key members of congress. Earmarks are often cited as a source of national debt but the only count for 1% of what the government spends.
What is the relationship between the Cabinet and the 15 executive departments?
The president cabinet is a group of advisors make up of the heads of the 15 executive departments and several other high-level officials. The most recent addition to the cabinet is the secretary of homeland security (2002, after 9/11). George washington's first cabinet had four positions: state, treasury, war, and attorney general).
What is executive privilege?
The president's power to keep controversial topics secret
Why are these considered a "quasi-legislative" process?
The rule-making function essentially creates new laws (called the bureaucracy quasi-legislative function). Accordingly, some complain that this violate separation of powers. EX: a recent birth control controversy is based on a rule made by the department of health and human services.
stare decisis
sticking to the precedent, standing by what is decided.
Why is the Speaker of the House more powerful than the Majority Leader of the Senate?
The speaker of the house is more powerful than the majority leader due to difference in house and senate rules. Speaker can control which committees receive referrals, speaker has control over rules committee and decides what legislation will make it to the floor, limited debate and lack of filibuster creates a lower hurdle-speaker must have the majority, senate majority leaders must get 60 votes which makes it harder to get legislation through, ability to add non-germane amendments on senate floor limitys majority leaders ability to control the content of legislation.
What is meant by the term "iron triangle" or a "subgovernment"? Give an example of an iron triangle.
The stable relationship between federal agencies, interest groups, and congressional committees. Iron triangles are very difficult for presidents and other outside actors to penetrate. EX: the relationship between the AARP (interest group), a FEDERAL AGENCY (social security administration), and a CONGRESSIONAL COMMITTEE (house subcommittee on aging).
Line of Succession If the President is unable to serve, who are the next four people "in line" to be President?
Vice President Speaker of the House President Pro Tempore Secretary of State
What actions has Congress taken to maintain a balance of power with the presidency?
War Powers Resolution of 1973 Budgets and Impoundment Control Act of 1974: presidents can't fail to spend funds unless given permission by Congress "Power of the purse": Congress can stop funding programs in order to halt executive action
How can presidents shape the legislative process?
Veto power- president returns legislation to Congress within 10 days or pocket veto- if Congress adjourns before 10 days of sending a bill to the president, the president can veto by doing nothing President can shape the legislative process by employing specific strategies at key times in the legislative process- bargaining with representatives (offering support for a piece of legislation in return for their support on another piece of legislation), pass legislation during honeymoon period because of the fresh sense of community in Washington, and only focusing on their specific agendas.
What are the expressed powers granted to the President in Article II of the Constitution?
Veto- regular and pocket Commander in chief (congress declares war) Pardon all federal crimes (can't pardon impeachment) Make treaties (⅔ approval from SENATE- not congress) Appointments of ambassadors, judges, and executive officials (with "advice and consent" of senate- simple majority) State of the union Receive foreign officials Faithfully execute laws Commission all officers Call special session of Congress
What is the difference between a treaty and an executive agreement?
Treaty- requires ⅔ approval from Senate, a type of executive agreement Executive agreement- does not require ⅔ vote, not as formal as a treaty
What factors shape how members of Congress vote?
Trustee: base decision on their own judgement. Delegate: base decision on constituents, regardless of personal opinion. Politicos: act as trustees or a delegates depending on the issue.
What is the only federal court created by the Constitution?
supreme court
Summarize the Warren Court, the Burger Court, the Rehnquist Court, and the Roberts Court.
Warren: known as the most liberal court in history. Known for advancing civil rights and protecting the rights of the accused. Key cases: brown v. board of education, mapp v. ohio, gideon v. wainwright, and miranda v. arizona. Burger: historic decisions made by ideologically diverse justices. Key cases: roe v. wade, and u.s. v. nixon. Rehnquist: courts shifts to the right by strengthening state rights. Key cases: u.s. v. lopez, planned parenthood v. casey, and bush v. gore. Roberts: court continues conservative ways of the previous court with some major liberal decisions. Key cases: citizens united v. FEC, upheld the affordable care act, court struck down the voting rights act, and advanced gay rights in 2013 and 2015.
chief justice
appointed by senate
What is the difference between judicial conservatives and judicial liberals?
does not have a consistent political ideology, although conservatives use it more.
judicial policymaking
federalist 78
advice and consent
picking new justices. must get a 51-49 vote to confirm justice by senate.
Moving bills through congress:
two party system makes it easier to write and pass legislation, many bills require compromise especially in the senate, party whips count votes and enforce party discipline, ideological impasses are overcome by bargaining between members. -logrolling: voting for a members bill in return for future support on a bill. -earmark: allow reluctant members to include earmarks that will help their districts.
jurisdiction
where case is heard
How many members of the Senate are up for election every two years?
⅓ every 2 years, it would take 6 years to change the entire senate.