PLSC Exam 2
What functions to parties serve in Congress?
Party leaders can influence members in many ways: Committee Assignments, Access to the Floor, Whip System, logrolling, Presidency
What is the rally around the flag effect?
o In times of crisis, presidential approval rises.
What is incumbency advantage? Be able to discuss and give examples of the direct and indirect effects of incumbency.
o Once you have a seat, you're more likely to hold onto it. Direct effects are advantages candidates receive from holding office like casework requests from constituents for information and help in dealing with government agencies, patronage, pork-barrel legislation measures earmarking projects for individual members' districts, early money, and name recognition. Indirect effects are the ability to scare-off potential challengers.
What is frontloading?
o States try to move their elections earlier and earlier in the season to try to have a greater impact on the outcome.
Describe the different types of committees in Congress
· Standing: A permanent legislative committee specializing in a particular legislative area · Select (Special): A temporary legislative committee created for a specific purpose and dissolved after its tasks are completed · Joint: Permanent committee made up of members of both the House and Senate · Ad Hoc: Appointed for a limited time and design and report a specific piece of legislation · Conference: Temporary joint committee appointed to reconcile the differences between the two chambers on a particular piece of legislation
Describe the process by which a President is impeached
Articles of impeachment are passed by the house, then trial by the Senate (chief justice is the presiding officer)
Explain how the bureaucracy has changed over time:
Changed from filling jobs through patronage (helping out someone you know for support) to hiring bureaucrats off a merit system.
Why does Congress work slowly (and may sometimes fail to work at all)?
Congress was designed to work slowly! Large number of veto points. Strong bias toward the status quo. Disagreement in the public and within members
Explain why party unity on roll call votes tells us only part of the picture with respect to how divided congressional parties are in the modern Congress.
Even in the face of party unity, strong within-party division. Why does party unity look strong? Increasing use of procedural rules. More within-party consultation. Sideline divisive issues. Many votes are messaging votes
What are the requirements for a federal court to hear a case?
Federal court jurisdiction is limited to certain types of cases listed in the U.S. Constitution. For the most part, federal court jurisdictions only hear cases in which the United States is a party, cases involving violations of the Constitution or federal law, crimes on federal land, and bankruptcy cases. Federal courts also hear cases based on state law that involve parties from different states. While federal courts handle fewer cases than most state courts, the cases heard tend to be of great importance and of great interest to the press and the public.
Describe Barber's theory of presidential power
He devised a system of organizing a president's character into either active-positive, passive-positive, active-negative, or passive-negative.
Opinion Assignment and Bargaining
Justices meet in conference after oral argument. Justices cast a tentative vote and share their rationale. Senior justice in the majority assigns the opinion. Justices bargain overdraft opinions
What role do committees play?
Members want to avoid making "bad" decisions and design committees to engage in specialization. Committee's reduce transaction costs.
Granting cert: the cert pool, the Rule of Four
Parties ask the court to grant a writ of certerori. Justices pool their clerks to read each petition and make a recommendation. If 1 justice thinks a case may be worthwhile, the case is put on the discuss list. Rule of Four: 4 justices must agree to hear a case.
Briefing: merits briefs and amicus briefs
Parties file three briefs: The Petitioner files its merits brief. The Respondent files a response. The Petitioner files a rebuttal. Filed by interest groups, academics, members of Congress, and the solicitor general. Provide additional information for the court. Very expensive: up to $10,000. Vary widely in quality. Many are never read.
What is the two presidencies thesis?
President more power in foreign affairs than domestic affairs. Presidents have first-mover advantage in foreign affairs. Presidents have an informational advantage in foreign affairs. Foreign policy plays a bigger role in presidential (rather than congressional) elections.
What are the advantages of majority status in Congress?
The advantages of being in the majority: Set rules & establish procedures, Choose leaders, Dominate committee and floor actions, Control the agenda.
How does the process utilized in the Senate differ from that in the House?
The senate does not have a rules committee, the house does.
What is the job of political parties?
They bring people together to achieve control of the government, develop policies favorable to their interests or the groups that support them, and organize and persuade voters to elect their candidates to office.
Discuss the importance of the Electoral College and its role in the election. What are advantages and disadvantages of the Electoral College?
They decide who wins the election. Representatives for the voters. 538 members, 270 votes needed to win. Every state has at least 3 members.
Be able to briefly describe the development of the office of the presidency from the founding to today.
Wanted to give president as little power as possible to perform duties which grew as the United States grew. New tech like radio tv and internet has further increased the reach of the presidency.
What are the requirements for a court to hear a case?
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What is senatorial courtesy? The Blue Slip?
o A custom whereby presidential appointments are confirmed only if there is no objection to them by the senators from the appointee's state, especially from the senior senator of the president's party from that state. The Blue Slip
Describe the three activities (according to Mayhew) that members of Congress perform
o Advertising which increases the probability of reelection, credit claiming which involves making people think they made a difference in gov't, and position taking which involves taking a side on issues and making it known.
Describe the three roles members of Congress take-on to achieve their goals
o Advertising: Building a brand name, No issue content, Emphasizes positive character traits. o Credit Claiming: making constituents believe that the representative is personally responsible for something the government has done to benefit the actor o Position Taking: Announcing judgment on important issues. Dangerous!
Describe the process Congress utilizes to pass legislation:
o Bill is introduced by representative and referred to a committee where it is passed down committees until it is reported on by the whole committee. If it is reported on favorably then the bill is voted on in the HOR. If the bill makes it through the HOR then it is voted on in the Senate. If the bill is voted in favor of in both houses then the bill is sent to the president to be signed into law or vetoed.
Define bureaucracy.
o Bureaucracy is the complex structure of offices, tasks, rules, and principles of organization employed by all largescale institutions to coordinate the work of their personnel
How have congressional careers changed over time?
o Careers have changed in that the tenure of service has been increasing since the 40th Congress. Members are being reelected more and serving in congress longer than before.
Distinguish between delegate and trustee models of representation
o Delegates believe they are agents of others and represent those who voted for them. Trustees vote based on what they think would be beneficial for the constituency.
Describe the structure of the federal court system.
o District Court ->Court of Appeals -> US Supreme Court
Be able to discuss why incumbency advantage is less for Senators versus House members.
o Diverse population so you can't develop personal ties to constituents. Party competition so more competition between parties. Better competition so far more for the fewer seats in the Senate. Media Markets for HOR doesn't really use the media because of district lines.
What is gerrymandering and how is it accomplished (cracking and packing)?
o Drawing district lines in such a way as to purposely disadvantage certain groups. Types of gerrymander are partisan and racial. Cracking is splitting up the group to dilute their voting power. Packing is concentrating the group to minimize their overall impact.
What is going public?
o Engage in intensive public relations to promote their policies to voter and induce cooperation from other elected officeholders.
Describe the president's unilateral powers.
o Executive order: regulation made by the president. Executive agreement: presidential version of treaty. Signing Statement: communicate how law should be interpreted.
Distinguish among and provide examples of expressed powers, delegated powers, and inherent powers
o Expressed powers are specific powers granted to the president under article 2. Which is Military the president is commander in chief and can make war. Judicial which can grant reprieves, pardons, and amnesty. Diplomatic which allows negotiating treaties and executive agreements and they can receive foreign ambassadors. Executive which means take care that the laws are executed and can appoint, remove and supervise all executive officers. Legislative which allows them to inform congress and recommend measures and can veto. Delegated powers are constitutional powers assigned to one government agency but exercised by another agency with the express permission of the first like congress creating agencies by law and these agencies use discretion in how they carry out their functions. Inherent powers are powers claimed by a president that are not expressed but are inferred like the president's power to make war.
Explain the differences between state and federal courts
o Federal courts have limited jurisdiction: they can only hear specific types of cases. Most cases are decided by state courts. Most crimes are state crimes. Each state's court system is unique
Distinguish between fire alarm and police patrol oversight and the pros and cons of each for members of Congress
o Fire Alarm: congress designing procedures that allow interest groups and ordinary citizens to raise an alarm when something has gone wrong. -Police Patrol oversight:
Describe Fenno's notion of multiple constituencies ("concentric circles") and how these affect congressional representation
o Geographic: The broadest circle is that of the geographic district, encompassing all potential voters and regions. Reelection: The next circle consists of the electoral supporters--"who is likely to vote for me?". Primary supporters: The next circle is the primary supporters--"who is actually going to do work for me?". Personal: The smallest circle is the candidate's intimates--family, close friends, and trusted advisers.
Be able to explain Weber's characteristics of an ideal bureaucracy
o Hierarchical structures of authority in which commands flow downward and information upward. A division of labor. A consistent set of abstract rules regarding what is to be done and who is to do it. impersonality, treating everyone in the same category regardless of who they are. A career system, with appointment and advancement by demonstrated merit. Specified goals toward which the collective action is aimed
Explain the three different jobs bureaucrats perform
o Implementation: translating laws into specific bureaucratic routines. Settling disputes: applying rules and precedents to specific cases. Rulemaking: writing regulations.
What are the characteristics of the presidency established by the Founders?
o Independence from other branches, shares power with other branches, vaguely defined powers
Describe the process by which the president is selected from the party nomination stage through inauguration.
o Invisible primary, state party primaries and caucuses, national party convention, general education, electoral college.
What is judicial review? Has the power of judicial review changed over time?
o Judicial review is a legal doctrine that established the right of the federal judiciary to declare legislation unconstitutional.
What are the characteristics of judges serving in the federal court system?
o Lawyers from good schools, lots of experience
Compare and contrast the three models of judicial decision making: legal model, attitudinal model, strategic model. What are the strengths and weaknesses of each?
o Legal Model: Decisions are based on the law alone. Supreme Court decides disputes in light of the facts of the case vis-à-vis past cases. Three steps: Look at the facts, Find the applicable law, Apply the applicable law to the facts. To apply law, courts use legal precedents. Prior cases whose principles are used by judges as the basis for their decisions in present cases. Stare Decisis: a judicial doctrine that a previous decision by a court should apply as a precedent in similar cases until that decision is overruled. Strengths: Reinforces what we think Courts do, Courts make decisions in terms of law, Lawyers make legal arguments before the Court. Weaknesses: Cannot explain disagreement among judges, Judges are people with their own values and goals. o Attitudinal Model: Decisions are based on judges' preferences. Judges decide cases in light of the facts of the case visà-vis ideological attitudes/values of the justices. "Rehnquist votes the way he does because he is conservative; Marshall voted the way he did because he was extremely liberal." Strengths: Judges are chosen through a political process and serve for life, explains disagreement among judges, Accounts for the fact that judges are people. Weaknesses: Doesn't take into account group decision making, shouldn't judges decide cases based on law, doesn't account for "mistakes" when judges vote against interest, Hard to explain why so many opinions are unanimous. o Strategic Model: Judges try to make the "best" decisions that will be implemented. Justices decide cases vis-a-vis their favored policies and the constraints that will stop those policies from being implemented. Based on assumption that judges are motivated by policy. Judges care about their policy getting implemented and not overturned. Justices have to compromise. Strengths: Lots of empirical evidence for intracourt bargaining, Judges say they are concerned about the public and implementation, Explains "mistakes" in judicial voting. Weaknesses: Assumes judges are very political, Little empirical evidence that judges regularly take into account congressional or presidential preferences
Distinguish majority opinions, concurring opinions, and dissenting opinions
o Majority Opinion: Explains the majority's ruling and its reasoning. Concurring Opinion: Agrees on the case outcome but disagrees with the reasoning. Dissenting Opinion: Disagrees with the case's outcome.
Describe the characteristics of members of Congress and what this means for representation.
o More male, more educated, higher incomes, more strong party identification, more polarized, more strong ideology then the average public.
What are the qualifications for being a federal judge?
o No constitutional requirements. Nominated by the president and confirmed by the senate senatorial courtesy in practice, considerable experience.
Describe the three major problems presidents face. Does the President have enough power to satisfy the public's expectations for their performance?
o No, Congress normally impedes their progress. They make large promises although they cannot overhaul a government ALONE.
Explain the ex ante and ex post tools Congress and the president each have to control the bureaucracy.
o President Ex ante controls: Appointment of sympathetic agency heads, Regulatory review prior to final rule enactment, Congress Ex Ante controls: Authorization of agency, Legislative language restricting discretion o President Ex post controls: Executive orders, Changes in budget authority, Bureaucratic reorganization plans. Congress Ex Post controls: Oversight—hearings and investigations, Budgetary control
What are the qualifications for being president and under what circumstances can they be removed?
o Qualifications for being president: 35 years old, natural born citizen, 14 years a resident. President can be removed because: involuntarily removed in death and upon conviction of treason, bribery, or other high crimes and misdemeanors.
Describe the three goals of members of Congress
o Reelection so they can hold office for as long as desired, to gain influence in D.C. over the other members of either house, and to make good public policy to change things they care about.
Explain why inefficiency can be beneficial for principals and for agents
o Rules can help principals' control and monitor their agents, Principals find it useful to delegate some decisions, Principals often lack expertise, Principals often prefer that decisions be made by "objective" bureaucrats, allows principals to pass along the blame o Also helps agents demonstrate that they are doing their jobs correctly. If something goes wrong, it is "due to the routine" and not the bureaucrat. Protects bureaucrats from criticism: "I just followed the rule."
Describe what factors determine how judges will rule on cases
o The facts of the case, court's previous rulings, the judge's interpretation of the constitution and existing laws.
Discuss how other institutions check judicial power
o The senate gets to confirm presidential nominees. They can also determine the jurisdiction of the court (which cases judges can rule on and which they cannot) they also structure the system, they create courts. The judiciary budget goes through congress. The presidency puts people on the court, nominating candidates. The court cannot enforce its own rulings, so they are dependent on the executive branch.
Describe the structure of Congress, the requirements for holding office, and members' term lengths, and how they are chosen (and how this has changed with regard to the Senate)
o The structure of Congress consists of two components, the Senate which consists of 100 members for 6-year terms and the House of Representatives which consists of 435 members for 2-year terms. In the House a members minimum age must be 30 years or older and the minimum length of citizenship must be 9 years or longer. In the Senate a members minimum age can be 25 years or older and their length of citizenship can be 7 years or longer. Senate members were originally elected by state legislature, but that changed, and they are elected by the people. House of Representatives members have always been elected by Americans.
Describe Skowronek's theory of presidential power
o Transformative Presidents: begin a new regime; "shatter the politics of the past" (Jefferson, Lincoln, Reagan). Affiliated Presidents: continue a previous regime from a co-partisan (Truman, Bush 41, Bush 43). Preemptive Presidents out-partisan presidents who challenge a regime (Eisenhower, Clinton). Disjunctive Presidents: lay groundwork for new regime (Hoover, Carter).
Define street-level bureaucracy
the subset of a public agency or government institution where the civil servants work who have direct contact with members of the general public.
Be able to describe the chief characteristics of the three levels of the federal court system (District Courts, Courts of Appeal, and the Supreme Court)
§ District Courts establish the facts of the case and apply the relevant law. Deal with both criminal and civil matters. Courts of appeal concerns questions of fairness: the application of laws and determination of fact, right to an appeal, and no evidence or jury. The Supreme Court concerns questions of fairness: the application of laws and determination of fact, no evidence or jury, no right to an appeal; court selects their own cases.
The spoils system
§ During early Federalist period most, civil servants served their tenure during good behavior. Even passed positions on to their family members. These practices were in conflict with the democratic spirit that would eclipse the Federalists. Jackson advocated rotation in office: serve in positions for a short, fixed period, then move on.
Oral Argument
§ Each side gets 30 minutes for oral argument. Lawyer must be flexible: justices interrupt and ask questions. Lawyers must be admitted to the Supreme Court bar. Justices vary widely in how many questions they ask
The adoption of the civil service
§ Under Jackson, the federal administration did not become fully bureaucratized. The principle of rotation did not allow for the development of government service as a career with job security and advancement based on merit. Needed experts, not amateurs. Created the Civil Service.
What is a Unanimous Consent Agreement? Contrast this concept with the Rules committee in the House.
· An agreement that is reached in the senate about how to process a bill on the floor.
What do party leaders do?
· Constitutionally, all members have the same power. Why would they give up autonomy? Leaders reduce transaction costs. Leaders look out for the best interests of the party and chamber Conditional Party Government = The power leaders are given is conditional on the ideological homogeneity of their members. More similar preferences = more power
Describe the concepts of filibuster and cloture
· Filibuster is a tactic used in the senate to halt action on a bill (exists because of an absence of rule rather than the presence of one. Does not have to be on a relevant topic). Cloture is the process to stop a filibuster requiring the assent of three-fifths (60) of the members.
What factors determine if members are placed on committees?
· Following the general election, members are asked to submit their committee preferences. Within each party the Committee on Committees match members' preferences with openings. Appointments are approved by the party conference and the full chamber
What does the party leadership structure look like in each chamber?
· House Leadership: speaker of the house, majority leader, majority whips, minority leader, minority whips. · Senate Leadership: President of the senate, president pro tempore, majority leader, majority whips, minority leader, minority whips.
What can committees in Congress do?
· Proposal power—enables members of committees to introduce legislation that favors contributing groups. ▸ Gatekeeping power—enables committee members to block legislation that harms such groups. ▸ Oversight power—enables committee members to intervene in bureaucratic decision making on behalf of contributing groups.
