american gov final

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*Presidents delegated powers

Delegated powers - in the Tenth Amendment to the Constitution, described as those granted by the Constitution to the federal government; however the term has commonly come to be used more broadly to refer to constitutional powers that are assigned to one government agency but exercised by another with the express permission of the first. Mainly since the New Deal, Congress has voluntarily delegated a great deal of its own legislative authority to the executive branch (since Congress cannot execute and administer all the programs it creates and the laws it enacts, they turn to departments and agencies of the executive branch).

Precedents

Precedent - prior case whose principles are used by judges as the basis for their decision in a present case. Stare Decisis - literally, "let the decision stand"; the doctrine that a previous decision by a court applies as a precedent in similar cases until that decision is overruled.

President and the Bureaucracies

President is the chief executive of the federal government. Presidents have appointment power over the top layer of the executive branch, can issue executive orders such as making policy and shaping the executive branch. Presidents can also alter an agencies budget or organizational scheme. Privatization - the transfer of all or part of a program from the public sector to the private sector.

Bicameral

Having a legislative assembly composed of two chambers or houses (framers of the Constitution provided for this type of legislature; the house and senate).

Senate power of Impeachment

Impeachment - the formal charge by the House of Representatives that a government official has committed "treason, bribery, or other high crimes and misdemeanors". Over the president, Vice President, top executive branch officials and judicial officials. If a majority of the House votes to impeach, an impeachment trial is conducted in and by the Senate, which acts like a trial jury by voting whether to convict and remove the person from office which requires a two-thirds majority of the Senate.

Sentate

-100 members -elected in a statewide vote, two senators per state -minimum age: 30 years -US citizenship: at least 9 years -Length of term: 6 years -Constituency: Local and statewide

House of Representatives

-435 members -elected from districts apportioned according to population -minimum age: 25 years -US citizenship: at least 7 years -Length of term: 2 years -Constituency: Local

*Presidents implied powers

Implied powers - powers derived from the necessary and proper clause of Article 1, Section 8, of the Constitution; such powers are not specifically expressed but are implied through the expansive interpretation of delegated powers (necessary to allow presidents to exercise their expressed power). Presidents have the power to remove officials (since the Constitution says they can appoint officials and never says that they can't remove them). Unitary executive theory particularly holds that the president controls all policy making by the executive branch, and that neither the Congress nor the courts may intervene (president holds all power except as explicitly limited by the Constitution).

*Voters decision is based on..

-Party Loyalty -Issues and policy preferences -Candidates characteristics and personal attributes

*Incumbents

A candidate running for reelection to a position that he or she already holds.

*Writ of habeas corpus

A court order that the individual in custody be brought into court and shown the cause for detention; guaranteed by the Constitution and can be suspended only in cases of rebellion or invasion.

Mootness

A criterion used by courts to screen cases that no longer require resolution. This requirement disqualifies cases that are brought too late, after the relevant facts have changed or the problem has been resolved by other means.

Writ of certiorari

A decision of at least four of the nine Supreme Court justices to review a decision of a lower court; certiorari is Latin, meaning "to make more certain".

Proportional representation

A multiple-member district system that allows each political party representation in proportion to its percentage of the total vote.

New Politics Movement

A political movement that began in the 1960s and '70s, made up of upper-middle-class professionals and intellectuals for whom the civil rights and antiwar movements were formative experiences; strengthened public interest groups. In recent years, these citizens have focused attention on issues such as environmental protection, economic inequality, and rights for the LGBTQ+ community.

Chapter 7 Practice Quiz

A political party is different from an interest group in that a political party... -seek to control the government by nominating candidates and electing its members to office Which party was formed in the 1830s in opposition to Andrew Jackson's presidency? -Whig The so-called New Deal coalition was severely strained... -during the 1960s by conflicts over civil rights and the Vietnam War The periodic episodes in American history in which an "old" dominant political party is replaced by a "new" dominant political party are called... -electoral realignments In a _________ electoral system, political parties are awarded legislative seats in rough approximation to the percentage of popular votes that each party wins. -proportional representation Which of the following factors is not currently an obstacle to voting in the United States? -Literacy tests An open primary election in which... -all registered voters are allowed to choose on the day of the primary If a state has 10 members in the U.S. House of Representatives, how many votes in the electoral college does that state have? -12 The main difference between a 527 committee and a 501c(4) committee is that... -501c(4) is not legally required to disclose where it gets its money, while a 527 is legally required to do so Public funding of presidential campaigns was... -rejected by all four major-party presidential candidates in 2012 and 2016. in Buckley v. Valeo, the Supreme Court ruled that... -the right of individuals to spend their own money to campaign is constitutionally protected

Two-party system

A political system in which only two parties have a realistic opportunity to compete effectively for control of the government. Party system refers to number of parties competing for power, organization of the parties, the balance of power between and within party coalitions, the parties social and institutional bases and the issues and policies around which party competition is organized. American Party Systems: -Federalists and Jerffersonian Republicans (Antifederalsits): emerged in 1790s; Federalists favored stronger central government, New England merchants, supported a program of protective tariffs to encourage manufacturing, forgiving states Revolutionary War debts, the creation of a national bank, and commercial ties with Britain; Antifederalists favored weak central government and strong states, southern agricultural interests, opposed Federalist policies and favored free trade, the promotion of agricultural over commercial interests and friendship with France. -Democrats and Whigs: during the 1830's; Democrats formed from the Jeffersonian Republicans; Whigs were successors of the Federalists but many members were diverse and could not agree on anything. -Republicans and Democrats: civil war and post-civil war; Republicans was the party of the north with strong business and middle-class support. Democrats was the party of the south with support from northern working-class and immigrant groups. -Republican and Democrats: 1896; Democrats had an alliance with Populist Party but did not pull through in winning the election. Republican Party was the majority party for the next 36 years, was pro business, advocating low taxes, high tariffs on imports and a minimum of government regulation. -Republican and Democrats: 1930's New Deal Party System formed from the Great Depression; Republicans did not do enough to promote economic recovery. Democrats had FDR who created the New Deal where the size and reach of America's national government increased substantially and took responsible for economic management and social welfare. Rebuilt and revitalized the party the party around a nucleus of unionized workers, upper-middle-class intellectuals and professionals, southern farmers, Jews. Catholics, and African Americans, was the majority party for the next 36 years. -Republican and Democrats: Contemporary, 60s and 70s majority identification - Democrat, second half of 20th century Republican Party widened its appeal; Republican built a political base around economic and social conservatives and white southerners; Democrats appealed strongly to Americans concerned with inequality, abortion rights, gay rights, women's rights, the environment and other progressive social causes.

*Political Action Committees (PACs)

A private group that raises and distributes funds for use in election campaigns. Many interest groups create PACs in their name to be the money-giving arm of the interest group. The purpose of PACs is to influence elections rather than to influence the elected.

Bill

A proposed law that has been sponsored by a member of Congress and submitted to the clerk of the House or Senate. A legislation becomes a bill when it is submitted officially by a senator or a representative to the clerk of the House of Senate and referred to he appropriate committee for deliberation. Bills can originate in the House or the Senate, but only the House can introduce "money bill" (those that spend or raise revenue). The committee can accept the legislation or, more frequently, may do little to nothing with the legislation submitted (bills can die without serious consideration - around 80-90% each session). Before a bill can be sent to the president, both houses must pass it in the identical form.

Federal Bureaucracies provide for national security

Agencies for internal security: -DHS created in 2002 signaled the high priority that domestic security would now have (terrorism, boarder safety, immigration and customs). Agencies for external nation security: -Two departments occupy center stage in maintaining nations security which are the Departments of State and Defense. -The State Department primary mission is diplomacy. -The Defense Department provides the military forces needed to deter war and protect the nation (headquarters in the Pentagon). President appoints the Secretary of Defense.

*Independent agencies

Agency that is not part of a cabinet department, even though the president appoints and directs the heads of these agencies (examples are NASA, CIA, EPA).

How a bill becomes a law in the House

All the time allotted for debate on a given bill is controlled by the bill's sponsor and by its leading opponent (almost all cases it is the committee chair and the ranking minority member of the committee that processed the bill or those they designate). Once debate is concluded, the leaders schedule it for a vote on the floor.

Party identification

An individual voter's psychological ties to one party or another.

*Collective Goods

Benefits, sought by groups, that are broadly available and cannot be denied to nonmembers. Free riders (problem) - those who enjoy the benefits of collective goods but did not participate in acquiring them.

Supreme Court Case Procedure

Briefs - written documents in which attorneys explain, using case precedents, why the court should find in favor of their client. Oral Argument - The stage in Supreme Court proceedings in which attorneys for both sides appear before the Court to present their positions and answer questions posed by the justices (each attorney has a half hour to present the case). Conference - the judges meet and discuss the case and eventually reach a decision based on majority vote. Opinion - the written explanation of the Supreme Court's majority decision in a particular case. Dissenting Opinion - a decision written by a justice in the minority in a particular case in which the justice wishes to express his or her reasoning in the case.

Presidents institutional resources

Cabinet - the secretaries, or chief administrators, of the major departments of the federal government. Appointed by the president with the consent of the Senate (the Cabinet has no constitutional status and are only responsible to the president). White House Staff - analysts and advisers to the president and his needs and preferences, each of whom is often given the title "special assistant". Executive Office of the President (EOP) - the permanent agencies that perform defined management tasks for the president; created in 1939, includes the OMB, the CEA, the NSC, and other agencies (1,500 - 2,000 highly specialized members). Vice President - to succeed the president incase of death, resignation, or incapacity and to preside over the Senate, casting a tie-breaking vote when necessary. Should provide some regional balance and balance among various ideological or ethnic subsections of the party. First Spouse - usually limited their activities to the ceremonial portion of the presidency (greet foreign dignitaries, visit other countries, and attend important national ceremonies).

*Civil Law

Civil law - the branch of law that deals with disputes that do not involve criminal penalties. Unlike criminal cases, the losers in civil cases cannot be fined or incarcerated, although they may be required to pay monetary damages for their actions. Most common types are contracts (violation of agreement) and torts (injured). Administrative law - involves dispute over the jurisdiction, procedures, or authority of administrative agencies.

*Party Leadership in the Congress (organization of power)

Conference - a gathering of House republicans every two years to elect their House leaders; Democrats call their gathering caucus. Speaker of the House - the chief presiding officer of the House of Representatives; the Speaker is the most important party and House leader, and can influence the legislative agenda, the fate of individual pieces of legislation, and members' positions within the House (elected leader of the majority party). Majority leader - the elected leader of the majority party in the House of Representatives or in the Senate; in the House, the majority leader is subordinate in the party hierarchy to the Speaker of the House. Minority leader - the elected leader of the minority party in the House or Senate. Whips - a party member in the House or Senate responsible for coordinating the party's legislative strategy, building support for key issues, and counting votes. Steering and Policy Committee - (Republicans have a separate Steering Committee and a separate Policy Committer) tasks are to assign new legislators to committees and to deal with the requests of incumbent members for transfers from one committee to another. Seniority - the ranking given to an individual on the basis of length of continuous service on a committee in Congress.

*Congress and the Bureaucracy

Congress passes legislation, which the bureaucracy must them implement. Oversight - the effort by Congress, through hearings, investigations, and other techniques, to exercise control over the activities of executive agencies. -"Police Patrol" oversight - regular or even preemptive congressional hearings on bureaucratic agency operations. -"Fire Alarm" oversight - episodic, as needed congressional hearings on bureaucratic agency operations, usually prompted by media attention or advocacy group complaints (happening more in modern society). Congress created three agencies whose obligations are to engage in constant independent research for Congress on problems taking place in or confronted by the executive branch (Government Accountability Office, Congressional Research Service, Congressional Budget Office).

Influences on congressional policies

Constituents (external influence) Interest Groups: can mobilize constituents, serve as watchdogs on congressional action, and supply candidates with money (external influence). Party Discipline: -Party unity vote - a roll-call vote in the House or Senate in which at least 50 percent of the members of one party take a particular position and are opposed by at least 50 percent of members in the other part (party unity is greater in the house than in the senate). -Role-call votes - a vote in which each legislator's yes or no vote is recorded as the clerk calls the names of the members alphabetically. - Resources rewarded by part leaders when loyal members vote with the party: (1) Leadership PACs - organizations that members of Congress use to raise funds that they then distribute to other members of their party running for election. (2) Committee assignments. - create debts among members by helping them get favorable committee assignments. (3) Access to the floor -speaker of the house and the majority leader in the senate possess the power of recognition and access. (4) The whip system - a communications network in each house of Congress for conveying the leaders wishes and plans to the members (take polls of all the members to learn their intentions on specific bills, enabling leaders to know were the votes are leaning towards). (5) Logrolling - a legislative practice whereby agreements are made between legislators in voting for or against a bill; vote trading. (6) The presidency - president support is most important.

*Criminal Law

Criminal law - the branch of law that regulates the conduct of individuals, defines crimes, and specifies punishment for criminal acts. Deals with disputes or actions involving criminal penalties, any act that is defined as being illegal. Plea bargains - a negotiated agreement in a criminal case in which a defendant agrees to plead guilty in return for the state's agreement to reduce the severity of the criminal charge the defendant is facing.

*Types of Interest Groups (Representation)

Economic Groups - economic interest In government policy. Businesses and corporations make up over third of the lobbying offices, trade associations 23% and labor unions 2%. Labor Groups - job conditions, treatment, economic conditions, etc. Professional Associations - members include accountants, real estate agents, dentists, teachers, etc. Compromise over 10% of all lobby groups. Public Interest Groups (Citizen Groups) - groups that claim they serve the general good rather than only their own particular interest. Focus on consumer protection, environmental policy areas, etc. Compromise 20% of lobby groups. Ideological Groups - support of a particular political or philosophical perspective. Overlaps with public interest groups. Public-Sector Groups - need for representation on Capitol Hill. Includes universities and think tanks that have an interest in obtaining government funds for research and support. Compromise around 10% of lobby groups. The homeless and the poor have a lack of representation in interest groups.

*Presidents increasing administrative capabilities (White House "administrative strategy")

Enhance the reach and power of the EOP - growth of staff used by the president to get informed, plan, communicate and exercise supervision. Growth of power to control over federal spending and the capacity to analyze and approve all legislative proposals. Sought to increase White House control over the federal bureaucracy (regulatory review of laws and regulations). Expanded the role of executive orders - when presidents issue orders they generally must state the constitutional or statutory basis for their actions. -Executive order - a rule or regulation issued by the president that has the effect and formal status of legislation (bypassing Congress and the legislative process). Made frequent use of signing statements and other instruments of direct presidential governance (executive agreements, memoranda, national security findings and directives, proclamations, reorganization plans, signing statements, etc. ). -Signing statements - an announcement made by the president when a bill is signed into law; often presenting the president's interpretation of the law (occasionally presidents have used signing statements to point to sections of the law they deem improper or even unconstitutional and to instruct executive branch agencies how to execute the law).

*Presidents expressed powers

Expressed powers - specific powers granted by the Constitution to Congress (Article I, Section 8) and to the president (Article II). Military: Commander in Chief of the Army and Navy of the US, and of the Militia of the several States, when called into the actual Service of the US. -Commander in Chief - the role of the president as commander of the national military and the state National Guard units when called into service (makes the president the highest military authority in the United States, with control of the entire defense establishment including the nation's intelligence network like CIA, NSC, NSA and FBI). -Can declare a "state of emergency" which makes federal grants, insurance and direct aid available. Judicial: Grant Reprieves and Pardons for offenses against the United States, except in cases of impeachment. -Power to grant reprieves, pardons, and amnesty involves the power of life and death over all individuals who may be a threat to the security of the United States (can be an individual or group). Diplomatic: Make treaties with the advice and consent of the Senate and power to recognize a country and receive ambassadors and other public ministers. -Executive agreement - an agreement between the president and the leader of another country (like a treaty but does not require Senate approval). Executive: President is chief executive and sees to it that all the laws are faithfully excuted and has the power to appoint, remove, and supervise all executive officers and to appoint all federal judges (with Senate majority approval). Legislative: Presidential power to participate authoritatively in the legislative process. -The president shall from time to time give to the Congress information of the State of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient. -Veto - the president's Constitutional power to prevent a bill from becoming a law; may be overridden by a two-thirds vote of each house of Congress. -Pocket veto - a veto taking place when Congress adjourns within 10 days of submitting a bill to the president, who simply lets it die by neither signing nor vetoing it (if Congress is in session it automatically becomes law, if Congress is out of session the bill is vetoed and dies). -Legislative initiative - the president's implied power to bring a legislative agenda before Congress. The ability to formulate proposals for important policies and is able to initiate decisive action more frequently than Congress.

*How a bill becomes a law in the Senate

Filibuster - a tactic used by members of the senate to prevent action on legislation they oppose by continuously holding the floor and speaking until the majority backs down; once given the floor, senators have unlimited time to speak, and it requires a vote of three-fifths of the senate to end. Cloture - a rule or process in a legislative body aimed at ending debate on a given bill; in the US Senate, 60 senators (three fifths) must agree in order to impose a time limit and end debate. Once debate is concluded, the leaders schedule it for a vote on the floor.

Federal Bureaucracies help to maintain a strong national economy

Fiscal policy - the government's use of taxing, monetary, and spending powers to manipulate the economy; also manages the national debt and printing currency (responsibility of making fiscal policy lies with Congress, the administration of fiscal policy occurs primarily in the Treasury Department). Federal Reserve System (Fed) - a system of 12 Federal Reserve banks that facilitates exchanges of cash, checks, and credit; regulates member banks; and uses monetary policies to fight inflation and deflation. Revenue agencies - an agency responsible for collecting taxes; examples include the Internal Revenue Service for income taxes, the U.S. Customs Service for tariffs and other taxes on imported goods, and the Bureau of Alcohol, Tobacco, Firearms and Explosives for collection of taxes on the sales of those particular products (IRS).

*Government corporations

Government agency that performs a service normally provided by the private sector, more like private businesses in preforming and charging for a market service (examples are Amtrak).

*Interest group

Group of individuals who organize to influence the government's programs and policies (can be composed of average citizens, businesses, labor unions, universities and other institutions). Number of groups have been increasing because of the expansion of the government and the emergence of a new set of forces in American politics that mainly rely on public interest groups to advance. Also referred to lobbies or special interests.

*Factors that affect who gets elected and what they do once in office

Incumbency - Holding a political office for which one is running; have many tools in office to get reelected (easier). Through services (such as intervening on behalf of constituent problems with federal programs or agencies) and through regular e-newsletters, the incumbent seeks to establish a "personal" relationship with the constituents to keep their votes. Term limits - Legally prescribed limits on the number of terms an elected official cans serve. Apportionment - the process, occurring after every decennial census, that allocates congressional seats among the 50 states. Redistricting - the process of redrawing election districts and redistributing legislative representatives; this happens every 10 years to reflect shifts in population or in response to legal challenges to existing districts. Is a zero sum process, for one state to gain a seat, another must lose one. Gerrymandering - the apportionment of voters in districts in such a way as to give unfair advantage to one racial or ethnic group or political party. Has increased the number if minority representatives in Congress. Miller v. Johnson (1995) the Supreme Court limited racial redistricting by ruling that race could not be the predominant factor in creating electoral districts. Shelby County v. Holder (2013) the Supreme Court invalidated a section of the Voting Rights Act requiring that the Justice Department approve the redistricting plans of jurisdiction with a history of racial discrimination. The ruling signaled that state legislatures would not be able to use the Voting Rights Act to justify packing minority voters into districts.

Campaign Funds

Individual Donors (there is a limit on how much there can be given) Political Action Committees (PACs) - organizations established by corporations, labor unions, or interest groups to channel the contributions of their members and employees into political campaigns. Super PACs and Dark Money: -527 committee - nonprofit independent groups that receive and disburse funds to influence the nomination, election, or defeat of candidates; named after Section 527 of the Internal Revenue Code, which defines and provides tax-exempt status for nonprofit advocacy groups (Super PACs). -501(c)(4)s - politically active nonprofits; under federal law, these nonprofits can spend unlimited amounts on political campaigns and not disclose their donors as long as their activities are not coordinated with the candidate campaigns and political activities are not their primary purpose (dark money). Public Funding (federal funding can be declined) Candidates Themselves

How members of congress represent their districts

Individual constituents: -solving problems with governmental agencies -providing jobs -sponsoring private bills -sponsoring appointments to service academics -answering complaints -providing information Organized interests: -introducing legislation -intervening with regulatory agencies -obtaining federal grants and contracts -helping importing or exporting -helping secure favorable tax status -making promotional speeches -making symbolic gestures District as a whole: -obtaining federal projects for district -obtaining grants and contracts that promote employment in district -supporting policies that enhance district's economic prosperity, safety, cultural resources, etc. -participating in state and regional caucuses

*Types of benefits for joining interest groups

Informational benefits - special newsletters, periodicals, training programs, conferences, and other information provided to members of groups to entice others to join (most widespread and important). Material benefits - special goods, services, or money provided to members of groups to entice others to join (discounts, insurance, etc.). Solidary benefits - selective benefits of group membership that emphasize friendship, networking, and consciousness raising. Purposive benefits - selective benefits of group membership that emphasize the purpose and accomplishments of the group.

*Presidents inherent powers

Inherent powers - powers claimed by a president that are not expressed in the Constitution but are inferred from it (usually asserted by presidents in times of war or national emergency; sometimes bypassing the constitutional provision giving Congress the power to declare war). War Powers Resolution - a resolution of Congress that the president can send troops into action abroad only by authorization of Congress, or if American troops are already under attack or serious threat (presidents have ignored this provision because they regarded it as an improper limitation on the inherent powers of the presidency).

*The role of activism and ideology in the courts

Judicial Restraint - judicial philosophy whose adherents refuse to go beyond the clear words of the Constitution in interpreting the documents meaning. Judicial Activism - judicial philosophy that posits that the Court should go beyond the words of the Constitution or a statue to consider the broader societal implications of its decisions. Liberalism (more likely to be activists) versus conservatism (more likely to follow judicial restraint).

*Judicial Review

Judicial review - the power of the courts to review and, if necessary, declare actions of the legislative and executive branches invalid or unconstitutional; the Supreme Court asserted this power in Marbury v. Madison. Marbury v. Madison - it is the duty of the Judicial Department to say what the law is (legal power to review acts of Congress). Supremacy clause - Article VI of the Constitution, which states that laws passed by the national government and all treaties are the supreme law of the land and superior to all laws adopted by any state or any subdivision (court may review the constitutionality of state laws and change them).

Jurisdiction

Jurisdiction - the sphere of a court's power and authority. Cases heard in federal courts if they involve federal laws, treaties with other nations, or the US Constitution.

Chief Justice

Justice on the Supreme Court who presides over the Court's public sessions and whose official title is chief justice of the United States.

*Organizational Components of Interest Groups

Key Components: leadership, money, an agency or office and members.

*Strategies to gain influence that interest groups use

Lobbying: -A strategy by which organized interests seek to influence the passage of legislation by exerting direct pressure on members of the legislature (persuasion of public officials to influence the policy process). -Lobbyists provide information to lawmakers about their interests and the legislation at hand. They often testify on behalf of their clients at congressional committee and agency hearings. Lobbyists talk to reports, place ads in newspapers, and organize letter-writing, and email campaigns. They also play an important role in fund-raising. Gaining access to key decision makers: -Since interest groups provide campaign contributions for members in Congress, lobbies for larger budgets for the agency and provides policy expertise to lawmakers, the agency in turn provides them certain services. -Iron triangle - the stable, cooperative relationship that often develops among a congressional committee, an administrative agency, and one or more supportive interest groups. Not all of these relationships are triangular, but the iron triangle is the most typical. (Example: Defense industry = Congress - House National Security and Senate Armed Services committees, etc., Executive Agencies - Department of Defense, etc., Defense Contractors - Boeing, etc.) Using the courts: -Interest groups can use the courts to affect public policy in at least three ways: (1) by bringing suit directly on behalf of the group itself (2) by financing suits brought by individuals (3) by filing a companion brief as an amicus curiae (friend of the court) to an existing court case Mobilizing public opinion: -Institutional advertising - advertising designed to create a positive image of an organization. -Protests and demonstrations -Grassroots mobilization - a lobbying campaign in which a group mobilizes its membership to contact government officials in support of the group's position. Using electoral politics: -Interest groups seek to use the electoral process to elect sympathetic legislators in the first place and to ensure that those who are elected will owe them a debt of gratitude for their support. -In election cycles, individuals can contribute no more than $2,700 to any candidate for federal office in any primary or general election. A PAC can contribute $5,000, provided it contributes to at least five different federal candidates each year. -Super PACs - an independent political committee that many raise unlimited sums of money from corporations, unions, and individuals but is not permitted to contribute to or coordinate directly with parties or candidates. -Sponsorship of ballot initiatives at the state levels. Allows proposed laws to be placed on the general-election ballot and submitted directly to the states voters, bypassing the state legislature and governor.

*Types of membership involvement in interest groups

Membership associations - an organized group in which members actually play a substantial role, sitting on committees and engaging in group projects (paying dues, marches, protests, etc.). Staff organizations - a type of membership group in which a professional staff conducts most of the group's activities (mostly paying dues).

*Strangers on a Hill Main Points

Midnight judges - late nomination of federalist judges appointed by Adams right before Jefferson took office (William Marbury was one among them, was suppose to be sent a formal commission signed by the president by John Marshall). Marbury v. Madison: -Judiciary Act of 1789 purpose was to establish a court system for the new government under the Constitution. What was highlighted was in Section 13, the power to issue a particular kind of legal document known as a writ of mandamus, which is an order served on a government official to prefer a duty that he is legally obligated to preform but is not preforming (Jame Madison was obligated to send the commission). -Ruled that the Supreme Court have the power under the Judiciary Act of 1789 to force James Madison (the Anti-Federalist Secretary of State) to give William Marbury (Federalist) his commission as Justice of the Peace for the District of Columbia. -Chief Justice, John Marshall, ruled that the Judiciary Act did grant such power, and forced Madison to issue the post to Marbury. -Marshall also ruled that Congress did not have the constitutional authority to expand the powers of the Supreme Court outside of the Constitutional bounds, so the Judiciary Act was nullified. -Judiciary Act Nullified → Establishment of Judicial Review (In striking down the Supreme Court's power to issue a routine writ on behalf of a relatively minor official, the Court assumed the far greater power to declare part of an act of Congress null and void). Judicial Review: -The power of the courts to review and, if necessary, declare actions of the legislative and executive branches invalid or unconstitutional; the Supreme Court asserted this power in Marbury v. Madison (1803) Free Exercise Clause: -The First Amendment clause that protects a citizen's right to believe and practice whatever religion he or she chooses. -Reynolds v. United States (1878) - Test case for 1862 law banning polygamy (The Morrill Act). Result: First Amendment does not guarantee ALL exercises of religion. -Cantwell v. Connecticut (1938) Jehovah's Witness' arrested for 'solicitation'. Connecticut state law had the vested power to determine who did/(not) have the right to solicit the public. Result: the Supreme Court argued that the Cantwell family had been deprived of their liberty without due proves, contrary to the 14th Amendment. Issues of selective incorporation in this case, government cannot punish citizens for their beliefs but actions are different. -Sherbert v. Verner (1963) - Sherbert (an adventist, initially known as "millerites") was fired from Spartan Mills after she observed the Sabbath on a Saturday and missed work. Her unemployment benefits were also denied because she had been 'fit to work'. Result: Compelling state interest had to exist before the state restricted the free exercise of religion. Sherbert received unemployment benefits. -Wisconsin v. Yoder (1971) Amish parents in Wisconsin decided not to send their children to school past the 8th grade in order to not contaminate them with the sins of the outside world. Wisconsin argued that it was part of public duty to provide basic education. Education was the reason for the state to restrict the Yoders' free exercise. Result: 7-0 (2 abstaining justices) upheld that the case be dismissed. Free exercise was ruled to outweigh state interests. Upheld the need for compelling state interest. -United States v. Lee (1982) Amish man who owed employees social security money, but refused to pay. He argued that it was the Amish communities' responsibility to provide for its members, not the government. Result: The Supreme Court sided with the state in a matter of compelling state interest, thus restricting free exercise. Ruled that any exemption that might allow individuals to escape aspects of the law because of religious practice does not apply to business. The payment of social security tax was considered compelling state interest. -Goldman v. Weinberger (1986) - Goldman, an Orthodox Jew enrolled in a program offered by the US air-force. In court it was argued that Goldman's wearing a yarmulke violated Air Force uniform regulations that prohibited the wearing of headgear indoors except for military police on duty. Result: The Court held that the Air Force regulation did not violate the Constitution. Argued that, generally, First Amendment challenges to military regulations are examined with less scrutiny than similar challenges from civilian society, given the need for the military to "foster instinctive obedience, unity, commitment, and esprit de corps." In 1987, Congress passed legislation which reversed this decision and allowed members of the armed forces to wear religious apparel in a "neat and conservative" manner. -Employment Division, Dept of HR Oregon et al. v. Smith et al. (1990) - Native Americans challenged the illegality of using peyote, claiming it violated their free exercise rights. Results: Court ruled that an individual's views do not exempt them from a law generally applicable to everyone. Eliminated 'compelling state interest' requirement from Sherbert. -Religious Freedom Restoration Act RFRA (1993) - Congress attempted to overturn the Smith decision and restore compelling state interest for religious cases. Result: the act was supported by many from all walks of life. Problems: Congress's authority to do so was unclear. The issue was whether or not Congress had the right to modify the court's substantive constitutional interpretations. -City of Boerne v. Flores (1997) - Results: Overturned part of the RFRA because the act overstepped Congress' power to enforce the 14th Amendment. The RFRA was ruled unconstitutional for state and local applicability but still applies to federal government. The Smith Case remains the authority on compelling state interest matters. Compelling State Interest: -An element of the strict scrutiny test by which courts exercise judicial review of legislative and executive branch enactments that affect constitutional rights, such as those found in the First Amendment. -An interest is compelling when it is essential or necessary rather than a matter of choice, preference, or discretion. -The levels of scrutiny determine how courts prioritize competing interests of individual and governmental claimants.

*Political Parties

Organized groups that attempt to influence the government by electing their members to important government offices. Historically, parties form in one of two ways: -Internal mobilization (occur when political conflicts prompt officials and competing factions within government to mobilize popular support; i.e. Antifederalists vs. Federalists) -External mobilization (takes place when a group of politicians outside government organizes popular support to win governmental power; i.e. Republican Party formed against slavery in 1850s) (Compared, Interest groups do not control the operation of government but rather try to influence government policies, often through lobbying elected officials and campaign contributions).

Original jurisdiction

Original jurisdiction - the authority to hear cases for the first time. Appellate jurisdiction - the authority to hear appeals from a lower court's decision.

Congress oversight of legislation

Oversight - the effort by congress, through hearings, investigations, and other techniques, to exercise control over the activities of executive agencies (carried out by committees). Purpose maybe to locate inefficiencies or abuses of power, to explore the relationship between what an agency does and what a law intends, or to change or abolish a program. Appropriations - the amounts of money approved by Congress in statutes (bills) that each unit or agency of government can spend. Committees or subcommittees have the power to subpoena witnesses, administer oaths, cross-examine, compel testimony, and bring criminal charges for contempt (refusing to cooperate) and perjury (lying). Hearing - usually held on a specific bill, and the questions asked there are usually intended to build a record with regard to that bill. Investigation - the committee or subcommittee does not begin with a particular bill but examines a broad area or problem and then concludes its investigation with one or more proposed bills.

Third parties

Parties that organize to compete against the two major American political parties.

Forms of Patronage

Pork-barrel legislation: appropriations made by legislative bodies for local projects that are often not needed but that are created so that local representatives can win re-election in their home districts. Most important. -Earmark (common form of pork-barreling) - the practice through which members of Congress insert into bills language that provides special benefits for their own constituents. Many are connected to congressional exploitation. The House passed a new rule requiring that those representatives supporting each earmark identify themselves and guarantee that they have no personal financial stake in the requested project Similar ethic law was provided to the Senate (2011 the House and Senate agreed to a two-year moratorium on earmark requests on a single website). -Intervention with federal administrative agencies on behalf of constituents. -Private bill - A proposal in Congress to provide a specific person with some kind of relief, such as a special exemption from immigration quotas (75% introduced are concerned with immigration and citizenship).

*Limits on Presidential Power

Presidential term is limited to 4 years (can be reelected once since 1951). The Congress is empowered to impeach and remove the president, to reject presidential appointments and refuse to ratify treaties, to refuse to enact laws requested by the president, to deny funding for the presidents programs, and to override presidential vetos of congressional enactments. Requirement for the Senate to concur in treaties and presidential appointments. Under the Constitution, only the Congress has the power to enact legislation or to levy taxes or to appropriate funds.

Expanding presidential power

Presidents can expand their power through popular mobilization and through the administration (can be their political party as well). "Going public" - presidents using popular appeals to create a mass base of support that will allow them to dominate their political foes. Presidents may seek to bolster their control of established executive agencies or to create new administrative institutions and procedures that will reduce their dependence on Congress.

*Electoral Process

Primary elections: elections to select a party's candidate for the general election. -closed primary: a primary election in which voters can participate in the nomination of candidates, but only of the party in which they are enrolled for a period of time prior to primary day. -open primary: a primary election in which the voter can wait until the day of the primary to choose which party to enroll in to select candidates for the general election. -caucus: a normally closed political party business meeting of citizens to select candidates, elect officers, plan strategy, or make decisions regarding legislative matters. (one-third of states use this to nominate presidential candidates). General Election: a regularly scheduled election involving most districts in the nation or state, in which voters select officeholders; in the United States, general elections for national office and most state and local offices are held on the first Tuesday following the first Monday in November in even-numbered years (every four years for presidential elections). Ballot initiatives: a proposed law or policy change that is placed on the ballot by citizens or interest groups for a popular vote (direct democracy; 24 states). Referendum: the practice of referring a measure proposed or passed by a legislature to the vote of the electorate for approval or rejection (direct democracy; all 50 states). Recall (elections): a procedure to allow voters to remove state officials from office before their terms expire by circulating petitions to call a vote (18 states). Electoral college: the electors from each state who meet after the popular election to cast ballots for president and Vice President.

*Federal Bureaucracies promote public well-being

Regulatory agencies - a department, bureau, or independent agency whose primary mission is to impose limits, restrictions, or other obligations on the conduct of individuals or companies in the private sector; have the force of law (examples are FDA, OSHA, FCC, EPA, etc.). Iron triangle - The stable, cooperative relationships that often develop among a congressional committee, an administrative agency, and one or more supportive interest groups; not all of these relationships are triangular, but the iron triangle is the most typical.

*Factors that organize our understandings of voting in elections

Social Background: -socioeconomic status - status in society based on level of education, income and occupational prestige; education is the most important Political Environments: -mobilization - the process by which large numbers of people are organized for a political activity -competitiveness between candidates State Electoral Laws: -two-step process of registering to vote and then voting -holding many different elections and having them on weekdays (work weeks)

*Types of representative government to gain citizens trust

Sociological representation - a type of representation in which representatives have the same racial, gender, ethnic, religious, or educational backgrounds as their constituents. It is based on the principle that if two individuals are similar in background, character, interests, and perspectives, then one could correctly represent the other's views. Agency representation - a type of representation in which a representative is held accountable to a constituency. If he or she fails to represent that constituency properly the people have the right to hire and fire them. This is incentive for good representation when the personal backgrounds, views, and interests differ from those of his or her constituency.

*Types of committees in Congress (committee system)

Standing committees - a permanent committee with the power to propose and write legislation that covers a particular subject, such as finance or agriculture (policy making). Select committees - usually temporary legislative committees set up to highlight or investigate a particular issue or address an issue not within the jurisdiction of existing committees (formed by congressional leaders from select committees, normally do not have the power to present legislation). Joint committees - legislative committees formed of members of both the House and Senate (economic, taxation, library, and printing, permanent but do not have the power to report legislation). Conference committees - temporary joint committees created to work out a compromise on House and Senate versions of a piece of legislation (members are appointed by the Speaker of the House and the presiding officer of the Senate).

Staff system in Congress

Tasks include handling constituent requests and dealing with legislative details and the actives of administrative agencies. Bear the primary responsibility for formulating and drafting proposals, organizing hearings, dealing with administrative agencies and negotiating with lobbyists. Committee staffers are permanent staff of 2,000 who are responsible for organizing and administering the committees work.

*Is Bipartisanship Dead? Main Points

The Permanent Campaign: -First introduced by Blumenthal (1982) refers to "the notion that the line between campaigning and governing has become increasingly blurred" (Tenpas, 2017) -Impact: It is commonplace to see campaign-like tactics (polling, public relations techniques, sound bites) being used in governing -Legislative goals are subordinated to "messaging" bills and amendments that promote the political goals of one's own party and demean those of the opposition. -Transfer of power (as a continual threat) has put the senate in a "war-like" state. Partisanship v. Bipartisanship: -Partisanship - a committed member of a political party or army. In multi-party systems, the term is used for politicians who strongly support their party's policies and are reluctant to compromise with their political opponents. -Bipartisanship - agreement or cooperation between two political parties that usually oppose each other's policies. -Too much bipartisanship can be bad Committees: -Essential to both houses, as they show areas where congress has jurisdiction -Examples: Agriculture Committee, Judiciary Committee, Foreign Relations committee, Armed Services Committee, Intelligence Committee, Committee of Budget, Veterans Affairs, Appropriations, Rules -Most members have chosen or lobbied to be on a committee based on their own goals, re-election prospects, and personal prestige/power aspirations. -The placement, however, of senators to committees is determined by party steering committees and senator seniority plays an important role. -Four factors that influence level of partisanship within committees (Fenno, 1973): Jurisdiction of Committee (the power of each committee), The Policy Environment (the related factor of the external constituencies who have an interest in the subjects that fall within the jurisdiction), Membership (who is who and who is trying to get ahead, most notably the chair and the most senior minority member), and Goal Alignment (committee autonomy - the degree to which a committees members operating within their own policy environment can or cannot bring their committees actions in line with the party leaders). Polarization: -The level of partisanship, or bipartisanship is often dependent upon party polarization concerning specific policies. -It is often true that the more controversial the issue, the more partisan the response (the inverse is also true). -Lower levels of partisan polarization are associated with stronger committees. -Votes in the Senate on final passage of bills is polarized (offering amendments to a bill may have less to do with improving legislation than with delivering a message designed to damage the opposing party). Yet beneath those roll-call votes on the final passage of legislation there is a considerable bipartisan cooperation at the committee level (intimacy of committee). Seniority: -A privileged position earned by reason of longer service or higher rank. -Newly elected senators may request seats on committees of their choice, but the party steering committees that are responsible for assignments may place them where there are vacancies rather than where the newcomers prefer to be. -Senior senators can be expected to defend the jurisdictions of their committee against incursions from other chairmen who seek to peal off parts of its jurisdiction (enhance committees prestige and influence). -Example - Response of the Armed Services Committee to a Pentagon report on the sexual assault problem in the military. This issue found Democratic chairman Carl Levin at odds with one of the most liberal Democrats on the committee, Senator Kristen Gillibrand of New York, over whether the prosecution of service members accused of sexual assault should be taken out of the hands of commanders and placed in the hands of military lawyers. Levin stoutly defended the military chain of command and at a hearing he compiled a witness list of people who supported keeping the prosecution of sexual assault cases within the chain of command as Ms. Gillibrand used to hear from more victims' advocates. She and others took the witness list as a sign that Mr. Levin was stacking the deck. Big-box v. Boutique Bipartisanship: -Boutique - there may often be bipartisanship within committees, but this is due to their special focus and the senators who are working within them. With 'Boutique' bipartisanship, or when the issues are discussed within committees, there is often less of an issue of party ideology and polarization, but this is also dependent on the committee type (policy area). (Example - Agricultural committee is regionally biased toward states where crops and livestock occupy a prominent place. Armed Services, excluding the issues on national defense, is a committee that would naturally attract senators who represent states with a large economic stake in the defense budget through the bases or aerospace and/or other industries located there). -Big Box - there is a difference between the discussions and level of bipartisanship in committees and the debates on the floor. With 'Big Box' partisanship, or when the issues hit the senate floor, it is more often likely that party ideology and a posturing towards national audiences and party bases. (Example - tax and spending matters - Committee on the Budget with different ideals of prioritization). Cosmetic Bipartisanship: -Fake Partisanship: the use of bills (that are preemptively determined not to pass) to send a message and express solidarity with the political base of one's party and embarrass the opposing party (example - Republicans against Obamacare). -Bipartisan messaging - a signal sent to convey the impression that all is not lost on Capitol Hill (use when suffering from low public approval). -Examples - STOCK Act (problem faced by a Democratic leader by a bipartisan amendment that would have benefitted a Republican senator who was up for reelection; bar members of congress from using their knowledge to make stock purchases; was gutted because it would compromise personal information) and JOBS Act (purpose was to simplify the process for new companies to gain access to capital markets and to lower the cost to the startup companies of complying with securities regulation, also facilitated crowd funding which is raising money from investors online; encouraged fraud in the stock market). Good v. Bad Bipartisanship: -Good Bipartisanship - cooperation between two political parties, finding areas of common interest instead of splitting the differences for the good of American citizens. (Example - relationship between members of the Agricultural Committee). -Bad Bipartisanship - Flexibility can cause a betrayal of core principles and constituencies (so watered down that it fails to deal with the problem it was designed to address. Production of bills of low quality. Creating bipartisanship so that the Congress gets benefits on both sides and ordinary citizens struggle with the money the bills ask for. (Examples - 1986 immigration reform bill IRCA, made it illegal to knowingly hire illegal immigrants and establishing financial and other penalties for companies that employed illegal immigrants. The act also legalized most illegal immigrants who had arrived in the country prior to January 1, 1982. Despite the passage of the act, the number of illegal immigrants in the United States rose from 5 million in 1986 to 11.1 in 2013 since there was nothing to control the boarder. No Child Left Behind law (NCLB) is a federal law that provides money for extra educational assistance for poor children in return for improvements in their academic progress. Failed in terms of its own policy goals, the law was controversial in part because it penalized schools that didn't show improvement). Unicameral Bipartisanship: -The practice of having one legislative chamber predict the bipartisanship vote, House of Representatives majority has power over every decision. -Hastert Rule - a tactic that requires virtual unanimity among the House before a bill will be brought to the floor. Speakers of the House of Representatives to maintain their speakerships and limit the power of the minority party. -Examples - Comprehensive immigration bill passed by the Senate was considered unacceptable to most House Republicans, so no immigration legislation of any kind was considered. House legislation approving Keystone XL pipeline from the tar sands of Alberta, Canada, to the US Gulf Coast has caused Senate Democrats to shun energy legislation because they fear the pipeline as a Republican bargaining chip. Cyclical Bipartisanship: -Based on political calendar and where in the electoral cycle a bill's author might be (example - if they are up for reelection). Cooperation across the partisan aisle is often influenced by whether the sponsor of a bill is "in cycle" or not. Popularity of the bill may lead to backfire in holding back the sponsor. -Example - Majority leader Reid opposed a bipartisan amendment for the STOCK Act sponsored by Democrat Kristen Gillibrand and Republican Scott Brown because Brown, who had been elected to serve out the term of Democrat Edward M. Kennedy, was up for reelection. Reid did not want Brown to get the votes from Massachusetts Democrats so he created and offered his own amendment that closely resembled the bipartisan amendment. Transactional v. Values Bipartisanship: -Transactional - when splitting the difference in decisions actually involves dollars and cents. (Examples - Budget agreement between Patty Murray and Paul Ryan = On December 10, 2013, pursuant to the provisions of the Continuing Appropriations Act, 2014 calling for a joint budget conference to work on possible compromises, Representative Paul Ryan and Senator Patty Murray announced a compromise that they had agreed to after extended discussions between them. The law raises the sequestration caps (size of federal budget) for fiscal years 2014 and 2015, in return for extending the imposition of the caps into 2022 and 2023, and miscellaneous savings elsewhere in the budget. Overall, the bill is projected to lower the deficit by $23 billion over the long term.The most disheartening element of the budget deal is the abandonment of sequestration spending levels that were codified by the 2011 Budget Control Act (BCA). It increases discretionary spending, split evenly between defense and non-defense accounts. If Congress had not agreed to any budget deal, spending for FY 2014 would have decreased by $20 billion, all of which would have gone toward deficit reduction. Unfortunately, Republican defense hawks were unable to stomach a two-year cut of $31.5 billion to the Department of Defense (DOD). It also meant more taxes for citizens. Farm Bill = Congress is required to reauthorize every five years, began its legislative journey in the Senate 2013 when the Senate and House Agricultural Committee passed the farm bill. When the bill got to the House floor it failed to pass, the House stripped out the portion of the bill that authorizes SNAP (enacted since 1977, food stamps - generate support among agricultural interests for programs that feed the poor, and reciprocally, to persuade urban and minority members to cast their votes for legislation that benefitted farmers and agribusiness). The Republican leadership were being cross pressured by members of their caucus affiliated with the members of Tea Party who do not represent rural districts. The farm-state members wanted a bill with or without food stamps and the Tea Party affiliated argued that the nutrition program was plagued with fraud and fostered dependency on the federal government. Bill became a struggle over values. Endangered the legislation by shifting it away from a battle over dollars and cents and directly into the zone of maximum partisan antagonism). -Value - when a policy and its approval comes down to values (non-empirical).

Other entities that shape the flow of cases through the federal courts

The Solicitor General: the top government lawyer in all cases before the Supreme Court where the government is a party (screens that cases that go to the Supreme Court). -Amicus curiae - literally, "friend of the court"; individuals or groups who are not parties to a lawsuit but who seek to assist the Supreme Court in reaching a decision by presenting additional briefs. Federal Law Clerks: research legal issues and assist with the preparation of opinions (each supreme justice has 4 clerks). Interest Groups: Litigants bring the same type of suit in more than one circuit to improve the chance of a Supreme Court review.

*Bureaucracy

The complex structure of offices, tasks, rules, and principles of organization that are employed by all large-scale institutions to coordinate effectively the work of their personnel (people who work under the government like teachers, etc.) Implementation - the efforts of departments and agencies to translate laws into specific bureaucratic rules and actions (enforce law to everyday life). Important roles of Bureaucrats: -Bureaucrats issue rules that provide more detail and specific indications of what a given congressional policy will actually mean (issue rules to guide implementation of laws). -Bureaucrats enforce laws Merit system - a product of civil service reform, in which appointees to positions in public bureaucracies must objectively be deemed qualified for those positions (created by the Civil Service Act of 1883).

*Divided government

The condition in American government wherein the presidency is controlled by one party while the opposing party controls one or both houses of Congress.

Plaintiff

The individual or organization that brings a complaint in court.

Reform in Bureaucracy

The key strategy used to promote reform include termination, devolution and privatization. Devolution - a policy to remove a program from one level of government by delegating it or passing it down to a lower level of government, such as from the national government to the state and local governments (central aim is to provide more efficient and flexible government services).

*Department

The largest subunit of the executive branch; the secretaries of the 15 departments form the Cabinet. The head of the department is called the "secretary" of the department. Below the secretary and deputy secretary are the "undersecretaries" who have management responsibilities or one or more operating agencies. Those operating agencies are the most directly responsible for shaping the department's actual programs and care called "bureau level". Each bureau or agency is subdivided into still other units, known as "divisions", "offices", or "units".

Defendant

The one against whom a complaint is brought in a criminal or civil case.

Majority Party

The party that holds the majority of legislative seats in either the House or the Senate. (Minority party - the party that holds a minority of legislative seats in either the House or the Senate)

Turnout

The percentage of eligible individuals who actually vote (low in America).

Electoral realignments

The point in history when a new party supplants the ruling party, becoming in turn the dominant political force, in the US, this haws tended to occur roughly every 30 years.

Senate powers over the president

The president has power to make treaties and to appoint top executive officers, ambassadors, and federal judges but only with the advice and consent of the senate (Article II section 2). For treaties, two-thirds of senators present must concur; for appointments, a simple majority is required.

Nomination

The process by which political parties select their candidates for election to public office. Involves a primary election among multiple candidates from the same party and then one candidate to the general election. An ideal candidate will have a strong leadership record and the capacity to raise enough money to mount a serious campaign.

Constituency

The residents in the area from which an official is elected (each congress members primary responsibility).

Patronage

The resources available to higher officials, usually opportunities to make partisan appointments to offices and confer grants, licenses, or special favors to supporters.

Standing

The right of an individual or an organization to initiate a court case, on the basis of having a substantial stake in the outcome.

Due process of law

The right of every citizen against arbitrary action by national or state governments.

Suffrage

The right to vote; also called franchise.

Pluralism

The theory that all interests are and should be free to compete for influence in the government; the outcome of this competition is compromise and moderation (James Madison- competing interests will regulate one another, producing a balance so that no single interest can dominate others) Elite pluralism - economic elites (upperclass bias) have considerably more influence than mass-based forces in the American political process(more accurately describes American politics). As a result, many policy issues critical to working class and middle class people are often ignored by government.

Chapter 8 Practice Quiz

The theory that competition among organized interests will produce balance, with all the interests regulating one another is called... -pluralism The Natural Resources Defense Council, the Sierra Club, the National Civic League, and the Common Cause are all examples of... -citizen groups Benefits sought by groups that are broadly available and cannot be denied to nonmembers are called... -collective goods Discount purchasing and health insurance are examples of... -material benefits Friendship and networking are examples of... -solidary benefits Which of the following is an important reason for the enormous increase in the number of groups seeking to influence the American political system? -The increase in the size and activity of government during the last few decades The term "Microsoft" refers to... -a company becomes marginalized in the political process as a result of insufficient efforts to lobby policy makers A stable, cooperative relationship between a congressional committee, on administrative agency, and one or more supportive interest groups is called... -an iron triangle Which of the following best describes the federal governments rules regarding lobbying? -Federal rules requires all lobbyists to disclose the amounts and sources of small campaign contributions they collect from clients and bundle into large contributions Which of the following is a way that interest groups use the courts to influence public policy? -Filing amicus beliefs Which of the following are examples of the "going public" strategy? -Institutional advertising, grassroots advertising, and protests and demonstrations One of the major differences between PACs and Super PACs is that... -a PAC has a maximum contribution limit of $5,000 per candidate in each election cycle while a Super PAC cannot donate to candidates directly

*Types of Courts

Trial court - the first court to hear a criminal or civil case (state government). In front of a judge and sometimes a jury, who will determine whether the defendant violated state law. Court of appeals - a court that hears appeals of trial court decisions (when the defendant is convicted he/she can appeal the conviction to a higher court). Supreme Court - the highest court in a particular state or in the United States; this court primarily serves an appellate function. Party filing an appeal is known as an appellant and must show that the trial court made a legal error in deciding the case

Presidents veto

Veto - the president's constitutional power to prevent a bill from becoming a law; it may be overridden by a two-thirds vote of each house of Congress (if president doesn't sign or veto within 10 days it automatically becomes a law). Pocket veto - a presidential veto that is automatically triggered if the president does not act on a given piece of legislation passed during the final 10 days of a legislative session (retaining the bill unsigned until it is too late for it to be dealt with during the legislative session, Congress does not have the option of overriding the veto but must reintroduce the bill in the new Congress).

Chapter 12 Practice Quiz

What is the name for the body of law that deals with dispute not involving criminal penalties? -Civil law The doctrine that previous court decisions should apply as precedents in similar cases is known as... -stare decisis Where do most trials in the United States take place? -State courts The term writ of habeas corpus refers to... -a court order that an individual in custody be brought into court and be shown the cause for his or her detention Which of the following is not included in the original jurisdiction of the Supreme Court? -Cases involving challenges to the constitutionality of state laws The size of the Supreme Court is determined by... -Congress The Supreme Court's decision in Marbury v. Madison was important because... -it established the power of judicial review Which of the following is not included as a "special and compelling" reason to hear a case under Rule 10 of the Rules of the Supreme Court of the United States? -The president of the United States authors an amicus curiae brief on the issue in question Which of following play an important role in shaping the flow of cases heard by the Supreme Court? -The solicitor general, federal law clerks, and interest groups Which of the following is a brief submitted to the Supreme Court by someone other than one of​ the parties in the case? -Amicus curiae A dissenting opinion is written by... -a supreme Court Justice that disagrees with the with the majority decision If a justice favors going beyond the words of the Constitution to consider the broader societal implications of the Supreme Court's decisions, he or she would be considered an advocate of... -judicial activism

Micro-targeting

When political campaigns tailor messages to individuals in small homogenous groups based on their group interests to support a candidate or policy issue.

Chapter 10 Practice Quiz

Which article of the Constitution establishes the presidency? -Article II Executive agreements are exactly like treaties except that... -executive agreements do not require the Senate's "advice and consent" What are the requirements for overriding a presidential veto? -Two-thirds vote in both houses of Congress The Supreme Court has ruled that... -the power to remove executive appointees belongs exclusively to the president The War Powers Resolution of 1973 was an act passed by Congress that... -stipulated military forces must be withdrawn within 60 days in the absence of a specific congressional authorization for their continued deployment Which of the following statements about presidential declarations of national emergency is not accurate? -Presidents can only declare a state of national emergency in response to foreign threats after receiving the approval of Congress Approximately how many people work for agencies within the Executive Office of the President? -4,500 to 5,000 The EOP agency responsible for preparing the national budget, designing the president's program, and overseeing regulatory proposals is called... -the Office of Management and Budget (OBM) Which of the following statements about the vice president is not true? -The vice president also serves as an honorary member of the Supreme Court What are two ways that presidents can expand their power? -Using popular appeals and bolstering their control of executive agencies The Environmental Protection Agency and the Food and Drug Administration were created through the use of... -an executive order When the president makes an announcements about his interpretation of a congressional enactment that he is signing into law, it is called... -a signing statement

Chapter 9 Practice Quiz

Which of the following is a way in which the House and the Senate are different? -Members of the House are more interested in doing what their constituents want right now, while senators have more time to consider "new ideas" and to bring together new coalitions of interests Which type of representation is described when constituents have the power to hire and fire their representative? -Agency Representation Which of the following statements best describes the social composition of the U.S. congress? -The legal profession is the dominant career of most members of Congress prior to their election Which of the following is an advantage that incumbents have in winning re-election? -Incumbents can provide constituency services during their tenure in office The Supreme Court has ruled that... -race cannot be the predominant factor in drawing congressional districts An "earmark" is... -language inserted into a bill by a member of Congress that provides special benefits for the member of Congress's constituents Which of the following types of committees includes members of both the House and the Senate on the same committee? -Conference Committee Which of the following statements about the filibuster is most accurate? -Nominees for positions in the executive branch and the federal courts cannot currently be filibustered Members of Congress take their constituents' views into account because... -they worry that their voting record will be scrutinized at election time Which of the following is not a resource that party leaders in Congress use to create party discipline? -Party unity votes An agreement between members of Congress to trade support for each other's bills is known as... -logrolling Congressional polarization... -has increased since the mid-1970s When Congress conducts an investigation to explore the relationship between what a law intended and what an executive agency has done, it is engaged in... -oversight Which of the following statements about impeachment is not true? -The president is the only official who cannot be impeached by Congress

Chapter 11 Practice Quiz

Which of the following statements about Congress and the bureaucracy is not true? -Congress banned rule making by the federal bureaucracy in 1995 The Civil Service Act of 1883 required the appointees to positions within the federal bureaucracy... -be qualified for the job to which they were appointed Which of the following best describes the size of the federal service... -the size of the federal service has changed very little since 1980 Which of the following is an example of a government corporation? -Amtrak A stable relationship between a bureaucratic agency, a clientele group, and a legislative committee is called... -an iron triangle The State Department's primary mission is... -engaging in diplomacy Which of the following statements about the Freedom of Information Act (FOIA) is most accurate? -The range of information deemed sensitive has been greatly expanded in response to the threat of terrorism Americans refer to government policy about banks, credit, and currency as... -monetary policy Which of the following is an example of a revenue agency? -The Internal Revenue Service Which president instituted the bureaucratic reform of the National Performance Review? -Bill Clinton When congressional hearings on bureaucratic agency operations are prompted by media attention or advocacy group complaints, it is an example of... -"fire alarm" oversight Devolution refers to... -a policy to remove a program from one level of government by passing it down to a lower level of government


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