Political Science Test 2

What is an amicus curiae brief? When might it be used?

"friend of the court": it's a brief/argument/opinion submitted from an interested party that is not directly involved in the lawsuit. These are often used in regards to civil rights/liberties: Allan Bakke and NAACP have used these

What was the consequence of fee shifting?

"section 1983" suits have burdened the courts because citizens became more aware of their legal rights and the Supreme Court had to restrict fee shifting to certain cases

What are safe and marginal districts? How has the number of these changed over time?

- Safe - districts in which incumbents win by a comfortable margin - Marginal - districts which incumbents elected to the house win in close elections (typically less than 55% of the vote) - There has been an increase in safe districts and decrease in marginal.

What are the four factors that explain how bureaucrats behave?

1) The manner in which they are recruited and rewarded; 2) Their personal attributes, such as their socioeconomic backgrounds and their political attitudes; 3) The nature of their jobs; 4) The constraints that outside forces - political superiors, legislators, interest groups, journalists - impose on their agencies.

How often are incumbent members of Congress reelected? Does this vary by chamber?

1. 93% average reelection of incumbent members from 1964-2016 in the House 2. 82% average reelection of incumbent members from 1964-2016 in the Senate

What are minority-majority districts? What is descriptive representation? What is substantive representation? What are the tradeoffs with respect to descriptive and substantive representation?

1. Minority-majority - congressional district where majority of voters are racial or ethnic minorities 2. Descriptive representation - when citizens are represented by elected officials from their same racial or ethnic background. Representatives "look" like their constituencies 3. Substantive representation - ability of citizens to elect officials who will enact in the law policies that the citizens favor, representatives may not look like their constituents but still vote for policies that favor them 4. Tradeoffs - increase descriptive representation and decrease substantive, because Congress will have fewer Democrats and thus will be less likely to pass legislation favored by racial and ethnic minorities. For descriptive, members in surrounding districts, because they have fewer minority constituents, have less incentive to respond to needs of majority voters. Second, these surrounding districts become less likely to elect Democrats to office. For substantive,

What are the six phases of development in the House of Representatives over time?

1. Powerful House: During the first three administrations, leaders of Congress are supplied by the President. Congress began to assert independence, with House being preeminent institution over Senate. 2. Divided House: As 1820s preeminence of the House decreased, Jackson vetoed legislation he didn't like. Party unity shattered over slavery, splitting the House after the Civil War. 3. Speaker Rules: At the end of the 19th century, the Speaker gained power. 4. House Revolts: Between 1910 and 1911, the House revolted, voting to strip the Speaker of his right to appoint chairmen and remove him from Rules Committee. House members lost against all forms of leadership in 1960 and 1970. 5. Members Rule: Newly elected Democrats could not get the House to vote on a meaningful civil rights bill until 1964 due to powerful committee chairmen (most form South) keeping legislation bottled up. In response, Democrats changed rules so that chairmen lost much of their authority. 1970's Chairmen couldn't be selected based on seniority, but on majority party choice. Individual member's staffs increased, half of majority-party members were chairmen of least one committee or subcommittee. 6. Leadership Returns: Due to every member having power, it was hard for House to get anything done. In 1995 sweeping changes brought a restoration of power to the Speaker, and committees and subcommittees were reduced.

What are the three theories on how members of Congress behave? Who are members of Congress responding to in each? View?

1. Representational: based on the assumption that members of congress want to be reelected so they vote to please their constituents. 2. Organizational: based on the assumption that constituents do not know that their legislator has voted so they do not need to vote to please their constituents. 3. Attitudinal: based on the assumption that all the different pressures on Congress cancel each other out so they are free to vote as they please.

What are the three major phases of development of the Supreme Court?

1787-1865: (Political) nation building, legitimacy of the federal government, and slavery were great issues, Court asserted supremacy of the federal government 1865-1937: (Economic) great issue was relationship between government and economy, it placed important restrictions on the powers of that government 1938 to present: (Ideological) major issues confronting court have involved personal liberty and social equality, and potential conflict between two, it enlarged scope of personal freedom and narrowed that of economic freedom

When did Congress become more of a career?

1950s

What is a caucus and an example of a caucus?

A caucus is an association of congressional members created to advance a political ideology or a regional, ethnic, or economic interest. An example is an ideological caucus. This type unites members around a set of beliefs. Example of this type of caucus is the Congressional Progressive Caucus.

What is a filibuster and how is it ended? Who decides the rules on a filibuster in the Senate?

A filibuster is a prolonged speech made to delay action in a legislative assembly. The filibuster can be stopped by Rule 22 which states that debate can be cut off if ⅔ of the present senators agree to a cloture motion. More recently the rule was reduced to 60 votes.

What was the key motivation behind a litmus test? If we know judges have ideologies, what roles does a litmus test play?

A litmus test is a question asked of a potential candidate for high office, the answer to which would determine whether the nominating official would proceed with the appointment or nomination.

What are signing statements?

A presidential document that reveals what the president thinks of a new law and how it ought to be enforced

What is an iron triangle, and how does it differ from an issue-network? Which one better describes the policy-making process today?

An iron triangle is a close relationship between an agency, a congressional committee, and an interest group. An issue-network is a network of people that consists of Washington based interest groups, congressional staffs, universities and think tanks, and people in the mass media who regularly debate government policy on a certain subject. Today the typical government agency is more similar to an issue-network.

Who can submit a bill in Congress?

Any member can introduce a bill

What roles does the Appropriations Committee play in checking the bureaucracy? How and why has the role changed over time?

Appropriations committee can control an agency's budget and money spending/approval. Originally this committee was very powerful and 90% of their recommendations were approved. Lately it is less powerful because of things like trust funds and budget deficits which influence congress to keep spending down.

How are judges selected? What do most judges look like? How has that changed over time?

As stated in the Constitution, Supreme Court justices, court of appeals judges, and district court judges are nominated by the President of the United States and confirmed by the United States Senate. Our current justices are diverse in the areas of race and gender but they used to be mostly white males.

How does the culture of an organization shape the bureaucrats who work there?

Being part of a strong culture motivates employees to work hard in order to win the respect of their coworkers and the approval of their bosses. A strong culture also makes it hard to change an agency.

What are the costs and benefits to the agency of the current selection and retention processes?

Benefits-It means that most top-tier bureaucrats are experts in procedures and policies of their agencies and that there will be substantial degree of continuity in agency behavior no matter which political party happens to be in power Costs- Political executive entering agency with responsibility for shaping its direction will discover that they must carefully win support of career subordinates. Subordinate has infinite capacity for discreet sabotage can make life miserable for political superior by delaying action, withholding information, following rule book with literal exactness, or making "end run" around it superior to mobilize members of Congress sympathetic to bureaucrat's point of view

What is a bureaucracy, and what are some examples of non-governmental bureaucracies?

Bureaucracy is the administration of the many divisions of government by non-elected officials. Uga government.

What constraints do bureaucrats face when trying to get work done? Why are these constraints in place? What are the consequences of these constraints?

Bureaucrats cannot hire, fire, build, or sell without going through procedures set down in laws. How much money it pays its members is determined by statute, not by the market. Not only the goals of an agency, but often its exact procedures, are spelled out by Congress.One of the biggest constraints on bureaucratic action is that Congress rarely gives any job to a single agency. -That clumsiness arises not from the fact that the people who work for agencies are dull or incompetent, but from the complicated political environment in which that work must be done. -Because of this, the government often will act slowly and inconsistently.It will be easier to block action than to take action.Lower-ranking employees will be reluctant to make decisions on their own.Citizens will complain of red tape.

Who are the kinds of people who get appointed to presidential staff? Why might they differ?

Cabinet: The president usually does not know them. They come from private business, universities, think tanks, foundations, law firms, labor unions, and the ranks of former and present members of Congress as well as past state and local government officials. Agrees with the president on most policies. Most have some federal experience. people known for their expertise or administrative experience rather than for political following. Why they differ: Staff members see themselves as extensions of the president's personality and policies; department heads see themselves as repositories of expert knowledge (often knowledge of why something will not work as the president hopes).

How does Congress usually respond to the declaration of a law as unconstitutional?

Checks on judicial power. They have the power to multiply or cancel that law or action. They can pass a new law or changing a law ruled unconstitutional by the Court.

What are the Constitutional powers of the president? Which of these powers are not checked by another branch?

Commander and Chief, grants pardons, conviene congress and special sessions, receive ambassadors, enforces laws, appoints officials to lesser offices, and sign and veto legislation. Checked powers: make treaties, appoint ambassadors and judges, and approve legislation.

How does the competitive service work?

Competitive Service is part of the US federal government civil service. It consists of all civil services in the executive branch except: 1. Positions which are specifically excepted from the competitive service by or under statute 2. Positions to which appointments are made by nomination for confirmation by the United States Senate, unless the Senate otherwise directs 3. Positions in the Senior Executive Service Federal officials are appointed only after they have passed written examination administered by OPM or met certain criteria devised by hiring agency and approved by OPM. Examinations have become less common

What are the consequences of term limits? Do they work and what problems do they create?

Decrease politicians responsiveness to public opinion and tend to shift power to the executive branch and bureaucracy.

What is discretionary authority? Why is it useful for Congress to grant discretionary authority? How has discretionary authority changed over time?

Discretionary authority is the extent to which appointed bureaucrats can choose courses of action and make policies not spelled out in advance by laws. Essentially so Congress doesn't have to watch over absolutely everything, but the policies implemented by bureaucrats are still very closely monitored by Congress (those duties being 1. Paying subsidies to particular groups and organizations in society, 2. Transferring money from federal to state bank accounts and 3. Devising and enforcing regulations for various sectors of society and the economy) These powers weren't commonplace until the 1930s, but now bureaucrats have broad powers over things like what safety features will automobiles have, what fumes an industrial smokestack may emit, etc.

How does the electoral college work? What are its consequences for representation?

Each state gets the equivalent of how many seats they would get in Congress. The small states are disproportionately represented.

Do members of Congress respond to their constituents?

For the most part, yes. On issues where members of Congress vote against a position that is popular in their home constituency, there are usually electoral consequences.

What has been the trend in decision-making power in Congress with respect to power and speed of deliberations?

General trend for most of the 20th century in decentralizing decision making and enhancing the power of individual leadership at the expense of congressional leadership. Considers interests of individual members and constituencies. Requires weak central leadership, rules allowing for delay/discussion and opportunities for committee action.

What causes gridlock? Does gridlock matter? How can gridlock happen in unified government?

Gridlock is two rival parties controlling different parts of the government. Gridlock does not matter because unified government can do just as much as a divided government. Gridlock can happen in a unified government because there can be division within a specific party.

How do debate rules differ between the House and Senate? Why?

House has Rules Committee which determines which rule is used for debate, acts as traffic cop. The Senate has no such barriers to floor consideration. Bills may be considered in any order at any time whenever a majority of Senate chooses. They are scheduled by majority leaders in consultation with minority leader.

What are the different methods of voting in the House? Why would different ones be used in different scenarios?

House has voice vote, division vote, and roll-call vote. Senate uses voice or roll-call vote. Different ones would be used in different voting scenarios depending on if they want their vote recorded or if they want it anonymous

What is the general process for how a bill becomes a law? At what stages in the process can a bill be altered or withdrawn?

House-introduced by having a member hand it to a clerk or dropping it in a box. It is then referred to House committee, then referred to a subcommittee, then to a full committee, rules committee, then to the floor where the House debates, and votes on a passage. It then goes to conference action. Senate-introduce by being recognized by presiding officer and announcing bill's introduction. It is then referred to Senate committee, then to subcommittee, then reported by full committee, then goes to floor for Senate debate and votes on passage. Then goes to conference action. Conference action-ONce both chambers have passed related bills, conference committee of members from both houses is formed to work out differences. Compromise version from conference is sent to each chamber for final approval President-Compromise version approved by both houses is sent to president, who can either sign it into law or veto it and return it to Congress. Congress may override veto by two-thirds majority vote in both houses, bill then becomes law without president's signature Altered or withdrawn-most bills die in committees. After hearings, committee or subcommittee makes revisions and additions to bill, but these changes do not become part of bill unless approved by entire house. If committee does not report bill out to House favorably, that ordinarily kills it, can be changed during conference action and when the president votes on it

What constraints to president's face in getting a presidential program up and running after election?

In addition to the risks of adverse reaction, the president faces three other constraints on planning a program. One is the sheer limits of time and attention span. The second constraint is the unexpected crisis. The third constraint is that the federal government and most federal programs, as well as the federal budget, can be changed only marginally, except in special circumstances.

How does party loyalty in Parliament matter and how is that different from Congress?

In parliament, party loyalty is much more important than in Congress. In Parliament, the majority party's hold on the executive branch is dependent on party loyalty, and, thus, each member is much more beholden to their party than a specific geographic district. In Congress, members of Congress are reliant on their home district to be elected, and, thus, depend much less on the party's success in Congress.

Who do executive orders concern? What checks might there be on executive orders?

Involves the president and congress; often times the president interprets executive power more broadly than as defined in the constitution thereby bypassing congressional approval / term limits and court rulings are checks on executive orders

How often does a president veto a Congressional bill?

It can vary from president to president; not a set amount of vetoes allowed; FDR and Eisenhower had the most vetoes

Are bureaucrats likely to sabotage their political bosses? Why or why not?

It depends, Bureaucrats tend to be loyal to political superiors who deal with them cooperatively and constructively. Powers of obstruction available to aggrieved bureau are formidable. Civil servants performing tasks that are routinized, tasks that are closely defined by laws and rules, or tasks that are closely monitored by others, will probably perform them in ways that can be explained only partially, it at all, by their personal attitudes

How has the growth of regulation and the changing nature of legislation impacted the work of the judiciary?

It has impacted the work of the judiciary by changing how the court has chosen to interpret ambiguous meaning of certain phrases. This can be explained in part by personal political beliefs of justices. Congress has passed laws that also contain vague language, adding to courts' opportunities for designing remedies. Attitudes of judges powerfully affect what they will do, especially when law gives them wide attitude. Recently, judges design remedies that go far beyond what is required to do justice to the individual parties who actually appear in court. Now, most remedies imposed often apply to large groups and affect the circumstances under which thousands or even millions of people work, study, or live.

How does public opinion impact the power of the Court? How popular is the Court over time?

Judges are very aware of public opinion, especially elite opinion. Court is sensitive to certain bodies of opinion, especially of those elites-liberal or conservative-to whom its members happened to be attuned. Justices will keep in mind historical cases in which their predecessors, by blatantly disregarding public opinion, very nearly destroyed legitimacy of Court itself. Opinion also energizes them. As with popularity, the percentage of people who say that they approve of how Court is handling its job has fluctuated in recent years. Shifts in opinion seem to reflect public's reaction not only to what Court does but also to what government as a whole is doing. Though popular support for Court sometimes declines, these drops have so far no resulted in any legal checks placed on it. The Court is sensitive to certain bodies of opinion, especially of those elites (liberals or conservatives) to which its members have attained. Opinion both restrains and energizes the courts. The most activist periods in Supreme Court history have coincided with time when the political system was undergoing profound and lasting changes. Pollsters have measured changes in public perceptions of how well the Supreme Court is handling its job. It has fluctuated in recent years; since the begin of the 21st century, public approval of the Supreme Court has been decreasing and been as low as 42%. An example of a spike in public approval was the Watergate Scandal when the presidency was discredited and made the Courts appear to be checking the abuses of the White House.

What is a judicial activist approach? What is a judicial restraint approach? What would the consequence of each approach in deciding different types of cases?

Judicial activist approach: the view that judges should discern the general principles of the constitution and apply them to modern circumstances. Judicial restraint: the view that judges should decide cases strictly on the bases of the laws and language of the constitution. More liberal cases probably would not be decided without an activist approach. Where a more traditional case may rely on the restraint approach.

What the jurisdiction of federal courts? How does appellate jurisdiction differ from original jurisdiction? What is the original jurisdiction of the Supreme Court?

Jurisdiction of the federal court is listed in Article III and 11th amend. Federal courts can hear all cases "arising under Constitution, laws of United States, and treaties (federal-question cases), and cases involving citizens of different cases (diversity cases). Appellate jurisdiction means that the court hears an appeal from the court of original jurisdiction. Original jurisdiction means the court has the right to hear the case first. Original jurisdiction in Supreme court is over controversies involving 1. 2 or more states 2. United states and state 3. Foreign ambassadors and other diplomats 4. State and citizen of different state (if begun by state). upreme Court: cases begin in the Supreme Court over controversies including: Two or more STATES The U.S. and a state Foreign ambassadors and other diplomats A state and a citizen of a different state (if begun by the state) United States District Courts have original jurisdiction over cases involving: Federal crimes Civil suits under federal law Civil suits between citizens of different states where the amount exceeds $75,000 Admiralty and maritime disputes Bankruptcy Review of actions of certain federal administrative agencies Other matters assigned to them by Congress

What are the benefits that incumbents have that make them hard for challengers to defeat?

Large fundraisers advantage over challengers Name recognition Free mail (franking privilege) Can travel to meet constituents Can use power to use programs passed or funds spent to benefit their districts Can provide individual services to constituents Behave as if they are at risk even when they're not

Who has more autonomy and resources between members of Parliament and members of Congress?

Members of congress have much more freedom and autonomy to align with their own personal beliefs, as opposed to simply aligning with a political party in Parliament. This is true in terms of how they are selected as well as the resources (e.g. money, staff) available to them.

What do Exclusive committees in the House have in common?

Members of the Exclusive committee may not serve on any other committee except for Budget.

How were Senators originally elected? How has that changed?

Members of the senate were originally chosen by the state legislatures. Due to the corrupt practice of choosing Senators by state legislatures, the 13th Amendment was passed in 1913 which stated that Senators would be elected by popular vote.

What does the average member of Congress look like and how is that changing?

Middle aged white male protestant lawyer. It's becoming less white and less male. More women, african americans and latinos.

What are the most and least popular agencies?

Most popular: postal service, national park service, CDC, NASA, FBI, homeland security, and department of defense. Least Popular: Veterans affairs, IRS, department of education, department of justice.

.What checks does Congress have on the bureaucracy? Which ones are easiest to use?

No agency can exist without congressional approval, no money can be spent unless it has been authorized by congress (authorization legislation), even if money has been authorized it still has to be appropriated and congress can set limits on how much they can spend, (committee clearance) the ability of a congressional committee to review and approve certain agency decisions. Authorization legislation is the easiest to use.

Was the judiciary seen as a powerful branch by the Founders?

No, it was seen as the least powerful.

How do members of Parliament and Congress differ in how they are selected to run for office?

Parliament becomes a member by persuading a political party to put their name on the ballot. Person becomes a candidate for representative or senator in the US Congress by running in a primary election. Congressional candidates are much more independent of their party.

Who are the party leaders in the Senate? In the House?

Party leaders in the Senate are president pro tempore, majority leader, minority leader, and whip. The party leaders in the House are the Speaker of House, the majority leader, the minority leader, the majority whip, and the minority whip

What aspects of the Constitutional system make American bureaucracy distinct from other Western Democracies?

Political authority over the bureaucracy is not in one set hands but is among several institutions. Most of the agencies of the federal government share their functions with related agencies in state and local governments. The institutions and traditions of American life have contributed to the growth of "adversary culture," in which the definition and expansion of personal rights, and the defense of rights and claims through lawsuits as well as political action, are given central importance. The scope as well as the style of bureaucratic gov't differ. In many Western European nations, national governments owned and oeprated large parts of economy, including banks, cigarettes, railways, and telecommunications, for much of 20th century. In 21st century, advanced industrialized countries have shifted away from state ownership of companies, though governments still play a large part in many industries. In US, federal gov't regulates privately owned enterprises to degree not found in many other countries.

What role does popularity play in presidential power? When are presidents most popular? What happens to the president's party in midterm election years?

Popularity helps gain congressional support for the president's legislative programs / presidents are most popular during their first term / The party of the president almost always loses seats in the House and the Senate during midterm election years

What is pork-barrel legislation? What is franking? How can these be abused?

Pork-barrel legislation that give tangible benefits to constituents in the hope of winning their vote. Franking is free mail from congressmen to constituents. Both are ways to try and buy votes.

How do presidents and prime ministers differ in personal characteristics? How do they differ in how they interact with the legislature?

Presidents are usually outsiders that come outside of Washington. Prime ministers are career politicians and abide by their party. Presidents have no guaranteed majority, while Prime ministers are guaranteed a majority no matter what.

How are presidents and prime ministers selected? How long do each serve?

Presidents are voted by the people and elected by the electoral college. Prime ministers are selected by parliament. President can serve four years with a two term limit. The prime minister can serve five years with no term limit, but as long as their party is in power.

What are different ways in which the White House Office may be organized? Why might this vary from president to president?

Pyramid Structure, circular structure, and ad hoc structure / different presidents have different styles in terms of personality and running programs

What are the five major bureaucratic pathologies? What are examples of each? Why does each pathology exist? How easy would it be to fix each?

Red tape: The complex rules and procedures that must be followed to get something done. Conflict: When agencies are working at cross purposes with other agencies. (ex: agricultural research services tells farmers how to grow crops efficiently but the agricultural stabilization and conservation service pays farmers to grow less crops.) Duplication: when two government agencies seem to do the same thing. (ex: when the custom service and DEA both attempt to intercept illegal drugs.) Imperialism: the tendency of agencies to grow without regard to the benefits that their programs give or the cost that they entail. Waste: Spending more money than necessary to buy a product or service. Most of these exists because of the very nature of government itself. They are hard to correct they would have to make policy choices and set clear priorities but this is very hard because of competing demands.

What is senatorial courtesy?

Senatorial Courtesy is a custom whereby presidential appointments are confirmed only if there is no objection to them by the senators from the appointee's state

What is the difference between a standing, select, joint and conference committee?

Standing committee-permanently established legislative committees that consider and are responsible for legislation within certain subject area Select committee-congressional committees appointed for limited time and purpose Joint committee-committees on which both senators and representatives serve Conference committee-Joint committee appointed to resolve differences in Senate and House versions of same bill

What is stare decisis? What are the arguments for and against its use?

Stare decisis-"Let decision stand,; allowing prior rulings to control current case. For: 1. If meaning of law continually changes, if decisions of judges become wholly unpredictable, then human affairs affected by those laws and decisions become chaotic. 2. If the principle of equal justice means anything, it means that similar cases should be decided in similar manner Against: times change, and Court can make mistakes

Why was the bureaucracy expanded in the 1860s? What new role did the bureaucracy play?

The Civil War sparked the creation of thousands of government jobs and new departments to handle the demands of warfare. After the war, the Industrial Revolution encouraged economic growth and more government agencies to regulate the expanding economy.

Why the bureaucracy expanded in the 1940s? How did the role of the bureaucracy change?

The Great Depression proved to be the first time the government was expected to deal with social and economic issues, and allowed agencies to serve "the public interest". World War II was the first time the federal government made heavy use of income taxes to finance its' activities. Between 1940-45, federal income tax collections went from $5 billion to nearly $44 billion. The end of the war didn't bring a substantial reduce in these tax either. World War II created the first big financial boom for the United States, permitting the sustained existence of a wide variety of programs and thus entrenching a large number of administrators in Washington.

House performs what tasks during impeachment proceedings? Who determines the rules for these proceedings?

The House of Representatives assembles a House Judiciary Committee to decide the "Articles of Impeachment". These articles are then sent to the House where a majority must pass it. It is then sent to the Senate where they set the rules for the trial and the Chief Justice of the Supreme Court acts as jury. The Senate votes on a verdict and a ⅔ majority must be necessary to convict impeachment and President is removed from office.

What does the Vice President do? Is this a powerful office? What powers does the VP have?

The Vice President serves as the presider of the Senate and votes when there is a tie. He is also the next in line to take the office of the Presidency after the President himself

Which parts of the president's staff are closest to the president?

The White House Office staff members

Who decides who writes the majority opinion of a case? What is a concurring opinion?

The chief justice decides who writes the majority opinion of a case. A concurring opinion is an opinion filed by a judge that agrees with the majority or the plurality opinion on the case but that bases this conclusion on different reasons or on a different view of the case.

How has Congressional staff size changed over time? Why?

The congressional staff has been reduced over time as a cost-cutting measure

Between the Senate and House, which requires more structure and organization?

The house requires more structure and organization due to a larger number of representatives. The Senate operates much more on norms than organizational structure and rules.

What is the name-request system and how does it work?

The name-request system is a job filled by a person whom an agency has already identified. A person learns of a job from somebody who already has one, or head of bureau decides in advance whom they wish to hire. The agency must still send form describing job to OPM, but it also names person whom agency wants to appoint. Sometimes job may even be described in such a way that person named is only one who can qualify for it.

What changed the bureaucracy from a patron based system to a merit based system?

The patron based system allowed for government workers to staff the bureaucracy with their friends and allies. They changed this to the merit based system which is based off entrance exams and promotions to produce workers with talent and skill. The Pendleton act of 1883 began the shift from a Patron based system to a Merit based system.

What checks exist on judicial power? Who enforces judicial decisions? Who determines judicial jurisdiction?

The president and Congress have some control of the judiciary with their power to appoint and confirm appointments of judges and justices. Congress also may impeach judges (only seven have actually been removed from office), alter the organization of the federal court system, and amend the Constitution. President enforces judicial decisions. The executive branch enforces the laws through the president and various executive offices. The supreme court determines judicial jurisdiction.

How powerful was the president at the nation's founding? What concerns did the founders have about the position of president? How did they try to address these concerns? Were these concerns well founded?

The president was not powerful at the nation's founding. They were afraid that the President would use the militia to overpower state governments, become tool of the senate, unlimited terms, and people would not accept election. They set up the electoral college and Washington limited himself to two terms to address these concerns.

What is executive privilege? When might it be used?

The presidents idea that they can divulge in private communications with principal advisers (confidentiality) / could be used when then president is discussing confidential matters and desires privacy in those conversations

How have the rates of party unity votes changed over time? What reasons are there for this trend?

The rate of party unity votes has gone up. Supporting the party position can work to long-term advantage of member interested in gaining status and influence in Congress. Members decided to become Democratic or Republican for a reason and if they have little information and no opinions, they will look to their fellow party members for advice.

What is judicial review? Where is it found in the Constitution?

The right of the federal courts to declare laws of federal congress and acts of the executive branch void and unenforceable if they are judged to be in conflict with the constitution. It is not found within the constitution but established in the case of Marbury vs. Madison.

What are the most powerful committees in the House? Why?

The standing committees are the most powerful because they are permanently established and are the only committees that can propose legislation by reporting bill out to full House or Senate.

How is presidential succession determined?

The succession is prescribed in the Constitution. It was updated with the Presidential Succession Act of 1792, and in 1947. It goes: VP-Speaker of House-President Pro Tempore-Secretary of State-Sec. Of Treasury-Sec. Of Defense...

Who replaces the president when he's indisposed?

The vice-president replaces the President.

Why is the open and closed rule for debate? Why is this important? Who decides which rule is used?

They are for debate because they closed rule is intended to set strict limits on debate, and confines amendments to those proposed by committee. Open rule permits amendments from floor. This is important because it provides structure and function to the debate. Without some limits on debate and amendment, nothing would ever get done. The Rules Committee decides which rule is used

What are resolutions used for?

They are used to establish rules, express opinions, and to propose a constitutional amendment

What are some of the benefits of voting with your party?

This can help one gain status in ones' party, as well as help make informed decisions.

What is the conservative coalition, and when was it in power?

This is an alliance between between Republicans and Conservative Democrats so it was in power during the 60's and 70's.

What is gerrymandering? What are its supposed effects? What are practical limits on its effects?

This is drawing the boundaries of voting districts to give a certain party an advantage. This can and does affect the outcome of elections but only to a small degree. The limits on its' affects are that the state gov's responsibility and in order for those districts to really be influenced by a party, the state legislature really needs to be one party which isn't easily attainable. Also, the courts usually wind up drawing these. There are also federal laws outlining requirements for districts which judges do enforce.

What are the largest departments in government today? How has this changed from 1990?

Those among the largest are the Departments of Defense, Justice, and Veteran's Affairs. In 1990, several of the Departments attempted to decreases their workforces, the Defense Department cut their employees by ⅓, Agriculture and Treasury also decreased their workforce. Veteran's Affairs increased after 2007 as veterans from Iraq and Afghanistan began to return from duty. The Justice department grew, as the Federal Bureau of Prisons doubled.

Between united and divided government, which one has been more productive with respect to legislation?

Unified government has been more productive because it makes enacting ever more sweeping laws easy or inevitable.

How large was the Bureaucracy in the beginning? What role is bureaucratic positions play in politics? What were the most common positions?

Until 1928, the American bureaucracy had no more than a few thousand members, and there were only three executive departments (State, Treasury, and War). The early federal government performed a narrow range of tasks, which reflected Americans' skepticism of government. The officials they selected affect how laws are interpreted, what tone the administration will display, how effectively public business is discharged, and how strong political party or faction in power will be.

***How has the role of the judiciary changed over time so as to make the politics of judicial nominees important? Are nominees more or less likely to be confirmed now when compared to the past?

Until recently most justices were confirmed by the senate and for a long time most nominations were approved. Lately the nominations have become harder to be approved and there has been a sharp drop in percentage of nominees approved. And they also are trying to nominate less controversial people.

What are the different kinds of vetoes a president has? Which ones are most commonly used?

Veto Message: a message from the president to Congress stating that a bill passed in both chambers will not be signed. Must be produced within 10 days of the bills passage / Pocket Veto: a bill fails to become law because the president did not sign it within 10 days before congress adjourns / Line-Item Veto: an executive's ability to block a particular provision in a bill passed by the legislature / veto messages or regular vetoes are the most commonly used

What are the three audiences presidents have, and how do they try to use them? What is the bully pulpit?

Washington Elites: the presidents want to seem effective in their colleagues eyes which determines how much power the White House wields / Party Activists: party leaders and officeholders outside of D.C. that want the president to exemplify their principles / Public: the citizens of the U.S. of which the president tries to appeal to; when campaigning the president will try to appeal to interests of the people / Bully Pulpit: The presidents use of prestige and visibility to guide or mobilize the American public

What is meant by government by proxy? What are the pros and cons of this system?

Washington pays state and local governments and private groups to staff and administer federal programs. Pros: Defenders of government by proxy claim that the system produces more flexibility, takes advantage of private and nonprofit skills, and defends the principle of federalism embodied in our Constitution. Cons: Critics say the system does not keep track of how the money we send to public and private agencies is used

What was Marbury v Madison? What was the story behind it? How was it decided? What were its consequences?

William Marbury had been appointed Justice of the Peace in the District of Columbia, but his commission was not delivered. Marbury petitioned the Supreme Court to compel the new Secretary of State, James Madison, to deliver the documents. Marbury, joined by three other similarly situated appointees, petitioned for a writ of mandamus compelling the delivery of the commissions. The Court found that Madison's refusal to deliver the commission was illegal, but did not order Madison to hand over Marbury's commission via writ of mandamus. Instead, the Court held that the provision of the Judiciary Act of 1789 enabling Marbury to bring his claim to the Supreme Court was itself unconstitutional, since it purported to extend the Court's original jurisdiction beyond that which Article III, Section 2, established.

Before the 1930s, how would you characterize presidential power? Who were consequential presidents? Why? Which branch was dominant during this period? What changed in the 1930s?

Woodrow Wilson described it as "usually not much above routine" and mostly "mere administration"; the powers of the president were fairly weak (with a few exceptions) before the 1930s / The consequential presidents were: Andrew Jackson (vetoed 12 acts of congress; many of his vetoes were on policies; saw himself as "The Tribune of The People"), James Polk, Abraham Lincoln (wartime), Grover Cleveland (used federal troops to break labor strikes in 90s), Theodore Roosevelt, Franklin Roosevelt (economic crisis) / congress was the dominant branch during this period but in the 1930s they began to pass laws that gave the executive branch broad grants of authority

What is sovereign immunity? Who has it?

a citizen can't sue the government without the government's consent. national and state governments have it

What is a in forma pauperis petition, and why is it important? Who is most likely to use this?

an in forma pauperis petition is a method where a poor person can have his case heard in federal court without a charge. People who are indigent (without funds) are more likely to use this, especially in a criminal case

How do class-action lawsuits shape policy? How does it relate to standing and the resources necessary to litigate?

class-action lawsuits set a precedent and these lawsuits are becoming more common and profitable. Some suits have forced companies in tobacco or fun manufacturing into bankruptcy. The rules for standing and challenging actions of the government have been made easier through class action lawsuits

What is a discharge petition and why would it be used?

device by which any member of the House, after committee has had bill for 30 days, may petition to have it brought to floor. This will be used when the full House can get bill that is stalled in committee out and onto floor

What does the Speaker of the House do?

presides over the house, is the most important person in that body and is elected by whichever party has majority. They decide who shall be recognized to speak on the floor of the House, rules whether a motion is relevant and germane to business at hand, and decides committees to which new bills shall be assigned. They influence what bills are brought up for vote and appoints members of special and select committees.

What is standing? What rules govern who has standing?

standing is the rule that states who is or isn't allowed to bring forth a lawsuit. an actual controversy must exist (no hypotheticals), you have to prove you've been harmed (can't just dislike something), and you can't challenge the constitutionality of a federal governmental action

How do cases come before the Supreme Court? What percentage of cases are heard by the Supreme Court

the Court considers all the petitions it receives to review cases from lower courts and if four justices agree to hear a case, a writ of certiorari is issued and a hearing is scheduled. Supreme Court only hears about 4% of cases