Exam 3 PoliSci

According to the textbook, the effort by Congress, through hearings, investigations, and other techniques, to exercise control over the activities of executive agencies is known as __________________.

oversight

How many standing committees are there in the House of Representatives?

20

What term describes the system of justice in American courts where two sides face each other in court as either the prosecution and the defense in a criminal case or the plaintiff and the defendant in a civil case?

Adversarial system

The textbook notes several differences between the House and the Senate. List and briefly explain four of these.

Age- the minimum age for House members is 25 and for Senate is 30. Citizenship- House members must be members of the US for at least 7 years, minimum US citizenship for Senate is 9 years. Length of Term- House members have a term of 2 years, Senate has a term of 6 years. Constituency- House constituency is local, while Senate is local and statewide.

What are "going public" and the "power to persuade" and why are they contradictory to each other?

"Going public" is when the President announces/openly discusses an implementation wanted to convince the people to pressure Congress to do so. "Power to persuade" is the way of persuasion that the President has. They are contradictory to each other because the President's "real power to persuade" comes from behind closed doors and not announcements.

Which piece of federal legislation prohibited denying African Americans the right to vote?

"Quid Pro Quo" harassment and hostile environment harassment.

According to the textbook, how many bills are introduced in a typical congressional session and what percentage of them die in committee?

8,000 bills are introduced and 95% of them die in committee

According to the textbook, what is a writ of habeas corpus?

A court order that the individual in custody must be brought into court

Explain what is meant by a mixed economy.

A mixed economy includes features of capitalism, government ownership, and government regulation of the economy.

Briefly explain the foreign policy duties of presidents.

Assemble/maintain adequate national security, focusing on terrorism. Avoid arms proliferation, especially nuclear weapons. Because access to nuclear weapons is unsecure in former Soviet States, this became a duty. Promote US economic interests abroad. Our involvement in international trade is a big deal, participating in trade agreements since the Clinton administration. Manage crises. Because the US is expected to lead, we are the ones to start new policies in order to avoid crises. Promote democracy and human rights. After the Cold War, our mission became more skewed since it was no longer to contain communism. Instead, we kept it simple by promoting human rights across the nation.

In what case did the Supreme Court say that the Bill of Rights was a limit on the actions of only the Federal government?

Barron v. Baltimore

According to the textbook, which Supreme Court decision recognized a right to privacy to same-sex partners?

Bowers v. Hardwick

When it is said that a major responsibility of the bureaucracy is "regulation," what does this mean?

Bureaucracies responsibility of "regulation" is ensuring laws are followed as stated, by everyone.

What was the flaw in the 1955 Supreme Court decision of Brown v. Board of Education

By the court saying that desegregation must be done with "all deliberate speed," this gave schools an excuse to not have it done because it was happening slowly and carefully.

Which piece of federal legislation prohibited discrimination in public accommodations and employment?

Civil Rights Act of 1964

Which piece of federal legislation prohibited discrimination in the sale or rental of housing?

Civil Rights Act of 1968

Explain the difference between civil rights and civil liberties.

Civil liberties are protections of citizens from improper government action, while civil rights are the protections of citizens by government.

According to the textbook, there are two kinds of judicial review. What is the difference between concrete and abstract judicial review? Which type (s) of review does the US Supreme Court do?

Concrete judicial review means that a specific case must be brought to the Supreme Court before being considered unconstitutional, while abstract review does not have to be waited out. US Supreme Court uses concrete judicial review.

Explain what it means to say that Congress is an institution designed not to work very well.

Congress is divided against itself by the separation of powers and no bill can pass without going through both houses

Why was it thought that courts should have the power to assess constitutionality?

Congress nor the President can not assess this themselves, the Supreme Courts makes the power of the people.

According to the textbook, what is the difference between de facto and de jure segregation?

De facto segregation is "by fact," which means races are still segregated although the law does not require it). On the other hand, de jure segregation is "by law," which are legally enforced practices.

According to the textbook, what are the two departments of government which "occupy center stage in maintaining national security?"

Departments of State and Defense

According to the textbook, briefly explain what does EOP stand for? What does the EOP do?

EOP stands for Executive Office of the President, these are permanent management tasks agencies for the president. They include, but are not limited to the OMB, CEA, and NSC.

Define executive orders and how presidents have used them to expand their power.

Executive orders are rules/orders issued by the president to be implemented. Presidents have used them to directly opposed laws passed by Congress or those that don't have enough support to pass in Congress.

According to the textbook, what are executive orders and signing statements?

Executive orders are rules/regulations given by the President that must be followed by legislation. Signing statements are written announcements from the President after after signing a congressional enactment into law.

Explain executive privilege and why it is controversial. Cite an example of a president claiming executive privilege.

Executive privilege is "real presidential power" that allows specific evidence to be withheld from the public, courts, and Congress. A president who has claimed executive privilege is President Nixon.

According to the textbook, what type of government agency is responsible for promoting pubic welfare?

Federal bureaucracies

Explain why federal judges are appointed and not elected.

Federal judges are appointed and not elected because framers wanted "good administration"; judges to focus on the interpretation of laws and decision making rather than public opinions and winning elections.

When a member, or group of members, begins speaking in the Senate and won't stop, it is called what? In order to stop this, a vote of what percent of the senators is required? This is called a vote for what?

Filibuster, 60%, cloture

List the five amendments said to protect the right to privacy and briefly explain them

First amendment- freedom of association Third amendment- freedom from having quarter troops in home at time of peace Fourth amendment- protection from unreasonable searches and seizures Fifth amendment- freedom from compulsory self-incrimination Ninth amendment- enumerated rights of Bill of Rights

Briefly explain fiscal and monetary policy. Which government personnel are responsible for implementing each type of policy?

Fiscal policy refers to government spending and taxation, while monetary policy affects the economy's money supply. Fiscal policy is made by the president and Congress, but monetary policy is controlled by the Federal Reserve Board

What rights are protected by the following amendments? First, Third, Fourth, Fifth, Sixth and Eighth.

Freedom of expression, freedom from quartering of soldiers, freedom from unreasonable search and seizure, rights of accused criminals, right to a "speedy and public" trial, and freedom from excessive bails, fines, and cruel/unusual punishment.

Explain what the Supreme Court decided in Missouri ex. rel. Gaines v. Canada

Gaines disappeared and the case was dropped.

Explain why Americans accept, even expect, some government regulation of the economy.

Government interference in the economy can help control cycles of boom and bust a free market economy naturally goes through.

Patronage was replaced by the Civil Service Commission and a merit system of hiring. Explain what this means.

Hard work is not a requirement, just enough needs to be done to get by. Promotions are not earned, one just has to pass exams instead of showing skills and expertise.

What are the five formal powers of the president?

Head of executive branch, legislative powers, chief diplomat, commander-in-chief, and influencer with the approval of Senate.

The roles of the president can be summarized by two general categories. Briefly describe each of them.

Head of state represents our country to the rest of the world. Head of government enforces laws and makes political decisions/sides.

The textbook gives three examples of judicial review of presidential actions during the administration of President George W. Bush. What are the three examples? Briefly explain what the Supreme Court ruled in each case.

In Hamdi v. Rumsfield, the Supreme Court ruled that Hamdi was entitled to a lawyer and to rebut the government's factual assertions. In Hamdan v. Rumsfield, the Supreme Court ruled that this commission violated federal law and US treaty obligation. In Boumediene v. Bush, the Supreme Court shut down Section 7, which states the habeas corpus was a fundamental right.

According to the textbook, incumbency can help members of Congress by scaring off potential challengers. In a sentence or two, explain what the authors mean by this.

Incumbency can scare off potential challengers because members of Congress already have access to many tools which are in their favor, so they have a greater chance of winning.

According to the textbook, ____________________ are set up by Congress outside the departmental structure, usually with broad powers to provide public services that are either to expensive or too important to be left to private initiatives.

Independent agencies

The power to assess the constitutionality of laws passed by Congress and actions of the president is called what?

Judicial review

What were the two tracks of the civil rights movement?

Legal movement and protest movement

List four types of speech which fall outside the guarantees of the First Amendment, according to the textbook.

Libel and slander, obscenity and pornography, fighting words, commercial speech

Define libel and give an example.

Libel is written or broadcasted defamation; public humiliation of a public figure.

What important precedent was established by the Supreme Court in the case Marbury v. Madison?

Marshall's Dilemma

Explain what it means that members of the House and Senate have a local orientation

Members are elected by local constituencies so they work as lobbyists for those back home by advocating for their issues and satisfaction

How are committee assignments made, and how are committee chairs chosen?

Members make requests for committees

According to the textbook, a negotiated settlement to a criminal case is known as a __________________.

Plea bargain

When a criminal prosecution is settled by a deal between the defendant and the prosecutor, this is known as what?

Plea bargain

According to your textbook, a _________________ is a veto which is automatically triggered if the president does not act on a given piece of legislation during the final ten days of a legislative session.

Pocket veto

Explain what the Supreme Court decided in McLaurin v. Oklahoma State Regents.

Nothing was moved, it was made harder for states to keep students legally separated.

Explain the Peter principle and Parkinson's law and how they affect bureaucracies.

Parkinson's Law is an attempted explanation for why bureaucracies are inefficient. The law entails that all the time and money put in will be used; because there is more than needed, there is no incentive to come in earlier or work under budget. Peter Principle states that those working for bureaucracy are not worthy of their postions; they don't do them well. Because they pass a series of exams, they are promoted to positions they have no experience in nor worked for. These two theories explain that bureaucracies are inefficient because it's just incompetent management and avoidance of efficiency.

According to the textbook, what is a party unity vote? In which chamber of Congress is party unity typically greater?

Party unity vote is when half or more of one party votes for something, while the opposite party votes for the opposing position. It is greater in the House than Senate.

Explain the two reasons why federal judges are appointed for life.

Permanence will attract those with qualifications necessary for the position and allow them to resist pressures and influence.

What is the primary power of the Supreme Court?

Persuade

A past decision that is relevant to a new case is called what?

Precedent

What are the two Senate leadership positions created by the Constitution, and who currently holds them?

President of the Senate, President Pro Tempore; Mike Pence and Orrin Hatch

Are presidents more or less powerful in domestic policy than in foreign policy? Explain your answer.

Presidents are less powerful in domestic policy than in foreign policy. In foreign policy, they do not have to receive approval or support from Congress. This allows them to act out in any way, whether it is thought through or spur of the moment. Because there is no "wiggle room" or guaranteed success, presidents often find domestic policy frustrating and take this rebellion out on foreign to "make their mark". In foreign policy, there is no room for gridlock or compromise; it is all up to the president.

Explain why presidents have so much power in the making of foreign policy, and give an example of a president acting in complete disregard of Congress when it comes to foreign policy.

Presidents have so much power in the making of foreign policy because they act independently and are ultimately the ones to make a final decision. Teddy Roosevelt sent Navy battleships across the nation to show "goodwill" regardless of Congress's isolationist attitude and seeing it as too expensive. JFK instituted a naval blockade and threatened to sink Soviet ships after discovering missile launching facilities in Cuba. This was considered risky and irresponsible to Congress especially since they had an agreement. Under the Johnson administration, there was an acceleration of deployed resources, troops, and money to Vietnam. Instead of calming the war before it began like Congress wanted, Johnson began a full-scale war.

According to the textbook, what is prior restraint? Give an example of a Supreme Court decision saying the government couldn't use prior restraint.

Prior restraint is an effort by a governmental agency to cease the publication of material that is potentially harmful.

According to the textbook, the transfer of all or part of a program from the public sector to the private sector is known as _________________.

Privatization

According to the textbook, the process of re-drawing Congressional districts every ten years is known as what?

Redistricting

Explain the differences between who is constitutionally eligible to become president and the group of people who have, in reality, been elected president

Requirements of constitutionally eligible presidential candidates include age, citizenship, and residency. Though these requirements allow for many to run for presidency and become elected, until the past three elections, we have only had white, Christian, government-involved men as presidents.

According to the textbook, __________________ are responsible for collecting taxes.

Revenue agency

Although the Constitution says nothing about the right to abortion, birth control, or homosexual conduct, all have been found to be protected by a right to what?

Right to privacy

Explain the process of selective incorporation.

Selective incorporation is the slow step-by-step process of applying rights of the Bill of the Rights to each state.

List and briefly explain the two legal doctrines that civil rights advocates wished to change at the beginning of the movement.

Separate but equal: segregation in public places was legal if they were treated equally State action: prohibition of discrimination by states

According to the textbook, a test used by the Supreme Court in racial discrimination cases that places the burden of proof on the government to show that the law in question in constitutional is known as _________________.

Strict scrutiny

What institution of government is most responsible for defining the civil liberties guaranteed by the Constitution?

Supreme Court

Explain the "paradox of Congress."

The "paradox of Congress" is that as our national legislature, they do not serve in our best interest. While this is true, they do serve the local interests of individual members well.

Explain in what sense the American judicial system is non-political.

The American judicial system is non-political in the sense that judges are not elected and the judiciary institution is non-democratic.

According to the textbook, what is the name given to the group of heads of federal government agencies? What is the name sometimes given to the president's informal group of close advisers?

The Cabinet, the informal name for the president's close advisers is the Kitchen Cabinet.

What is the name of the second ranking position in the House of Representatives? Who is the person currently holding this position?

The Majority Leader, Kevin McCarthy

What is the name of the position of the political leader of the US Senate? Who currently holds that position?

The Majority Leader, Mitch McConnell

What is the name of the third ranking position in the House of Representatives? Who is the person currently holding this position?

The Majority Whip, Steve Scalise

What is the name of the leadership position of the minority party in the House of Representatives? Who is the person currently holding this position?

The Minority Leader and Minority Whip, Nancy Pelosi and Steny Hoyer

What is the name of the political leader of the party in the minority in the US Senate? Who currently holds that position?

The Minority Leader, Chuck Schumer

What two important constitutional clauses were used to support the power of the Federal government in McCulloch v. Maryland

The Necessary and Proper Clause The Supremacy Clause

What party currently holds the majority in the House of Representatives? What party is currently in the majority in the Senate?

The Republican Party

What committee does the House of Representatives have that the Senate does not really have? What is the purpose of this committee?

The Rules Committee; its purpose is to set rules for how bills are to be debated on the floor.

What is the name of the highest ranking position in the House of Representatives? Who is the person currently holding this position?

The Speaker of the House, Paul Ryan

Explain what the Supreme Court decided in Brown v. Board of Education (1954).

The Supreme Court combined all cases and ruled that the segregation of these schools violated the Fourteenth Amendment's equal protection clause. The court ordered that segregated schools be desegregated at an "all deliberate speed".

Explain what the Supreme Court decided in Sweatt v. Painter

The Supreme Court raised the standards for the black law school, creating a challenge for Texas's law school to be separate but equal.

Briefly explain the steps in the budget-making process.

The White House submits a budget to Congress on the first Monday of February, which is prepared by the Office of Management and Budget. On Feb. 15, the Congressional Budget Office gives the Budget Committee an analysis of the budget. By April 1, the Senate Budget Committee presents a resolution. The resolution is adopted by the party-line vote. By May 15, the House begins to work on thirteen appropriation bills. By June 30, the budget and bills are forwarded to Senate. Once appropriation bills are completed, it must be reconciled with the House's version. At this time, most of the thirteen bills are complete. Congress passes continuing resolutions; signatures are required and not always do they get signed. Legislators must support these bills while greatly inflating the amount of pork barrel spending.

What are the two basic levels of courts? What are the three types of courts?

The two basic levels of courts include Courts of original jurisdiction and Appellate courts. The three types of courts are District Courts, Circuit Courts of Appeal, and Supreme Court.

The presidents who have been successful in domestic policy making shared some circumstances that allowed that success. Describe those circumstances and illustrate your answer with an example.

The circumstances that each of these presidents have in common for success in domestic policy is crises. These presidents were able to take a chance because of the country's climate. Having hopeful citizens, makes them open to any solution. For example, after the Great Depression, FDR proposed the New Deal Program; citizens were open to this because they were hopeful to get out of the Depression.

Explain the difference between the concepts of the living constitution and original intent of the Constitution.

The concepts of living constitution change as time goes on; it is interpreted differently and meanings are altered, as they are not taken word for word. On the other hand, the original intent of the Constitution is to be taken as stated with no changes.

When issuing an opinion of the Supreme Court, the decision of the court is referred to as what? The explanation of the decision is referred to as what?

The decision of the court is referred to as the verdict. The explanation of the decision is majority vote.

According to both the commentary and the textbook, there are several limits on the power of the Supreme Court. Briefly list and explain four of these limits.

The executive branch can choose not to enforce decisions of the Supreme Court. The longer a president serves, the greater impact they have. They may appoint SC justices. Congress has the power to restructure the federal courts; determining the size of courts, number of lower courts, and jurisdiction of each court, including the SC. Justices have the power of persuasion, but must be respected to do so. In order for this to work, they must not allow personal opinions to influence or steer them.

Explain the original purpose of the Fourteenth Amendment.

The original purpose of the Fourteenth Amendment was to protect recently freed slaves.

What is the primary function of American courts? What is the primary objective of American courts?

The primary function of American courts is to make decisions. Its primary objective is to protect liberty and individual rights.

According to the textbook, what is the "power behind the power

The staff system is the "power behind the power

What is the one characteristic shared by all bureaucracies?

They are hopelessly inefficient

There are two court cases that gave formal recognition to foreign policy powers presidents had informally assumed since the days of George Washington. Briefly explain each case.

United States v. Curtiss-Wright, FDR banned the sale of arms in two South American countries, but an arms company, Curtiss-Wright, sold to one of the banned countries. United States v. Belmont, case that covered the debate of whether or not the President needs to consult Senate for approval of executive agreements or not

According to the textbook, list two ways members of Congress represent organized interests.

Voting within their party and establishing committees

Briefly explain the process by which a bill becomes a law

When a bill is originally proposed it must pass in both houses before even having a possibility of becoming a law. If a speaker of a house does not agree with the bill, they have the chance to send it to a committee where it can be turned down. If it makes it past this, the bill must be identical in both houses before even being considered, if not, it goes to the conference committee so that differences may be ironed out. It must then be acceptable to the president and courts.

Explain the practical and symbolic reasons that making the budget is so important.

Without the budget, government would

Explain in what case the court established the precedent of using the power in question 7 above. What was the logic used by Chief Justice John Marshall to lay the groundwork for this power?

Worchester v. Georgia; Chief Justice Marshall acknowledged the Cherokees as an independent nation, therefore, they were not subject to laws in the state of Georgia.

When someone appeals a case to the Supreme Court, they are asking it to issue what? How many judges must agree before the court will issue this?

Writ of certiorari, four judges must agree before issuance.

__________ judges believe that the judiciary is the least democratic branch of government and that they should defer to the other branches, whose officials are elected. __________ judges don't believe the judiciary is the least democratic branch and are less concerned with showing deference and following proper procedures.

restrained; activist