Midterm Part 2 American Government (REAL)

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Elastic Clause

A clause that allows Congress to stretch the use of its powers. Congress has the authority to do whatever is necessary and proper to carry out its job necessary and proper clause

Direct democracy

A form of government in which citizens rule directly and not through representatives

Congress uses the ___ to asses the performance of each agency every year

Budget Process

The president of the united states is considered to be the most powerful person in the world. There is one power which could directly affect you that the president does not have. What is it

Declaring war

Democracy

Democracy is a system of rule by the people, rooted in three fundamental principles: Popular sovereignty ( meaning that the people ultimately rule), political equality ( meaning that each person has an equal say in determining what government does), and political liberty (meaning that the people are protected from the government interference in exercising their rights).

Supremacy Clause

Federal law is supreme over state law the provision declaring the Constitution to be the supreme law of the land

Amendment 5:

No one is to be held on a crime unless indicted by a Grand jury. They are protected against double jeopardy and self incrimination and guaranteed due process

"Necessary and Proper" (also referred to as the elastic clause)

Often called the "elastic clause," the necessary and proper clause simply states that Congress has the power, "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States,

Due process clause

Part of the 14th and 5th amendment which guarantees that no state deny basic rights to its people

whistle-blowers

People who bring official misconduct in their agencies to public attention.

Full faith and Credit

Powers between states. Gives law full force on acts, records, or legal proceedings

Enumerated powers

Powers given to the national government alone The powers expressly given to Congress in the Constitution. Powers belonging only to the federal government

Who succeeds the Speaker of the House if he's killed

President pro tempore of the Senate

Powers of the House

The House has several powers assigned exclusively to it, including the power to initiate revenue bills, impeach federal officials, and elect the President in the case of an electoral college tie. The Senate is composed of 100 Senators, 2 for each state. 1. introduce appropriation bills 2. initiating impeachment impeaches judge and president, votes president if no 270, purse (controls where money goes)

bureaucratic discretion

The ability of the bureaucracy to exercise its own judgement about how best to engage in implentation.

spoils system

The practice of distributing government offices and contracts to the supporters of the winning party; also called patronage.

Amendment 9:

Traditional rights not listed in the Constitution are retained by the people.

Expansion of Power

When did the first significant expansion of presidential function occur ? Under Franklin Delano Roosevelt's New Deal and during mobilization of the country for world war II Which of the following statements about the powers of the presidency under the Constitution is true The language of the Constitution is quite vague about the powers of the president and allows for the expansion of presidential power without constitutional amendment

Bill of attainder

a law that punishes a person accused of a crime without a trial or a fair hearing in court

Anti-Federalist

a person who opposed a strong national government those who opposed ratification of the Constitution Against the Constitution

The Great Compromise

agreement providing a dual system of congressional representation •House=population •Senate= 2 per state

Separation of Powers

an act of vesting the legislative, executive, and judicial powers of government in separate bodies. the division of power among the legislative, executive, and judicial branches of government The principle of dividing governmental powers among different branches of government.

House Rules Committee

the committee that determines how and when debate on a bill will take place a committee unique to the House, which is appointed by the determines how and when debate on a bill will take place

Privacy

the right of people not to reveal information about themselves

Bicameral

A legislature consisting of two parts, or houses 2 chambers; Congress has the Senate and the House of Representatives

cloture

A procedure for terminating debate, especially filibusters, in the Senate.

Articles of Confederation

A weak constitution that governed America during the Revolutionary War. a written agreement ratified in 1781 by the thirteen original states America's 1st constitution; was too weak because the government had no power to tax, etc.

Trustee

After listening to constiutents, elected representatives vote based on their own opinions

privatizing

The process of turning over certain government functions to the private sector.

agency

A general name used for a subunit of a cabinet department.

Capital crime

Any crime for which death is a possible penalty A crime for which the death sentence can be imposed

How a bill does become law?

Bill is introduced: A bill can only be introduced by a member in Congress. Although both chambers are capable of introducing a bill, the bill must be passed by both chambers in order for it to become a law. A bill can be drafted with the help of the executive chamber or interest groups. Referral to Committees: After a bill is introduced, it is sent to a standing committee in each chamber. A standing committee takes care of specific areas within legislation. Members of the standing committee are chosen based off of their interest and knowledge of the subject. The standing committee acts as a screening device in order to avoid wasting time and be more efficient. From there, the bill is passed on to the subcommittees. Subcommittees consist of fewer members and deal with the markup. The markup is when the committee holds a hearing to talk over issues regarding the proposed bill in order to improve it before passing it on to the next step. Committee Action: This would include the markup of the bill as explained in the above paragraph. Rules Committee: In the House, the bill gets passed on to the Rules Committee after the standing committees and subcommittees. The Rules Committee sets a time limit for the floor debate (the next step in this process) and whether or not amendments are allowed to be made on the bill. Closed rules do not allow the House to create amendments, whereas open rules do allow amendments to be made. The leader of the Rules Committee, or Speaker of the House, is the leader of the majority party within the chamber. Members of the Rules Committee are typically followers of the majority party. This creates a polarization issue because it allows the majority party to enforce closed rules in order to ensure the minority party does not get a say in the proposed bill. This step is conducted only by the House. The Senate does not have a Rules Committee. Floor action: The rules in the House give more power to the majority party when passing a bill. The rules in the Senate requires more cooperation amongst the chamber as a whole in order to pass a bill. The House experiences a much smoother transition to the next step than the Senate because the rules have already been determined by the Rules Committee. The House simply votes and needs a majority vote (218 votes) to pass. The Senate experiences difficulties during this step. There are less members in this chamber, leading to individual members having more power than those of the House. The bill does not go through a Rules Committee in the Senate, resulting in fewer rules regarding amendments and debate. This is where the Senate debates on the proposed bill; unless a unanimous consent waives the debate. If not, the debate proceeds. The debate is a process that takes up a lot of time in the Senate; reason being that there are not limitations on time or amendments. The debate only ends when all members decide they are done debating. It is possible to discontinue the debate when one wishes to continue by utilizing cloture. Cloture is a 3/5 vote of the chamber to end debate. The cloture is used to prevent filibuster. Filibuster is used when one does not agree with the bill so he/she decides to continue the debate in order to prevent it to reaching the next step. Conference committee: Both chambers may have different versions of a bill. Only one bill can be passed on to to the President to sign or veto. Because of this, a conference committee is created in order to come to a compromise. A conference committee consists of members from both houses. House action on conference committee bill: After both houses have come to an agreement on the revised bill, it gets sent back to each chamber to be voted on again. The chambers can no longer amend the bill and are only allowed to vote. After the revised bill by the conference committee is passed by both houses, it finally gets sent to the president. Presidential Signature: The president can sign the bill and it becomes a law, or he can veto it and send it back to Congress. Congress can override a veto by acquiring 2/3 votes in each chamber. If the president does not like the bill but does not want to block it, he can leave it alone and after ten days it will become a law. If the president leaves it alone and Congress has adjourned before the ten days, it will result in a pocket veto. Bill becomes law

Prior restraint

Censorship of a publication Censorship of information before it is published or broadcast (unconstitutional in most cases)

Equal protection clause

Constitutional guarantee that everyone be treated equally-14th amendment guarantees all citizens receive "equal protection of the laws"

Free market

Economic system in which buyers and sellers make free choices in the marketplace

The ___ regulates the nations monetary policy with the goal of avoiding both inflation and recession

Federal Reserve Board

civil service

Federal government jobs held by civilian employees, excluding political appointees.

Bill of Rights

First 10 amendments

The role of the president and congress in passing legislation (oversight) & making laws

Functions of the President Chief of Staff, Chief Diploma(Recognizing foreign governments, making treaties, and affecting executive agreements), Chief Legislator(Influencing Laws), Chief Executive(Head of the Executive Branch), appointing ambassadors, nominating federal judges. They have 10 or more important functions. President exerts his power by? He can exert his power by using appointment powers, executive privilege(withholding information from legislative committees), executive agreements(agreement between foreign affairs, without senate approval, and executive orders(which have the effect or influence of law). President gain advantage over other branches of Government by? He can use executive powers to appoint federal judges to influence legislation and federal cases, which are controversial. He can also use executive privilege to withhold sensitive information from legislation committees. Constitutional Powers the President has? Powers that are given to president rests in the constitution. They are given statutory powers, which are powers created for the president through laws enacted by congress. They also have express and inherited powers; express powers are powers expressly written in the constitution, and inherited powers are powers that derived from the constitution that the executive power shall be vested in the president. Ways a President can exhibit power that are not written in the constitution 1) Can lead a party, 2) role of commander in chief, 3)ultimate decision maker in military matters, 4) veto congress, and 5) emergency powers in state of national crisis. Influence the President has on Cabinet members He has high influence on Cabinet members because he can appoint high rank for Vice President, United Nation Ambassador, Office of Management and Budget, National Security Advisor, and others. He can also use kitchen cabinet to replace former cabinet members as a major source of advice. Functions of Congress lawmaking, representation, oversight, service to constituents, conflict resolution, and public education function How does congress exhibit power? The exhibit power by the use of Enumerated powers derived from article I section 8. There are numerous Enumerated powers, but the most important are collect, spend, and regulate commerce (Domestic), and declare war (foreign). Difference between house and the senate? The senate has an election every 6 years; they also have 100 members (2 per state). The house of reps is every 2 years, but they have 435 members. The senate has the tactic called filibuster, which is an unorthodox method of politics used to block a bill. The senate members gain more recognition because of the how small it is. Why do members of congress get reelected? -constituent services -low voter turnout -Gerrymandering (editing district lines to benefit a party) -Denying responsibility for the mess in Washington -Become household name because of media Does congress have more power than other branches? They do have more power. Even though the vice president serves as head of the senate, he serves a minor role. If congress wasn't important, let alone powerful, I do not believe the media and the president would worry about filling the house or senate with their political party background. Main influences on congress? Main influences of congress votes are interest groups and the committees they represent. For example, NRA has a numerous amount of weight of swaying votes on gun laws because there are many members of the NRA. Trustee? A legislator who acts according to her or his conscience and the broad interests of the entire society.

Politics

Method of maintaining, managing, and gaining control of government (who gets what, when, and how)

Elastic clause

Necessary and proper clause Congress has the authority to do whatever is necessary and proper to carry out its job Another name for the necessary and proper clause

Amendment 6:

Right to a speedy and public trial before an impartial jury in the state that the crime was committed in, to know why they are on trial, to cross-examine witnesses, & to have counsel.

Amendment 7:

Right to trial by jury in civil suits that exceed 20 dollars in federal courts.

The boards directing independent regulatory agencies, such as the Securities and Exchange Commission, ____

Serve staggered terms so that no one president can replace the entire board or commission

Other Questions that might be on test

The appointment to power To help the president enforce laws passed by Congress the Constitution authorises him to appoint with the advice and consent of the Senate ambassadors other public minister and council's supreme court judges and all other officers of the united states who's appointment are not provided for What are the president's ability with the manipulation of appointments? When the Prez makes almost 3,500 appointments to his administration (just over 1000 require Senate confirmation). He can also remove many appointees as well. people appointed wield substantial authority over the course and direction of public policy. A president's influence can be felt far from his office due to the staff he appoints Executive Priviledge An implied presidential power that allows the president to refuse to disclose information regarding confidential conversations or national security to Congress or the Judiciary Public's Perception -Prez's approval ratings are assumed to show power -Low policy ratings cripple president policy making abilities -Honeymoon period is right after President is elected. They typically have highest approval rating right after election. Usually take advantage of this period and try to get majority of bills based. -Since watergate and other scandals, the public is increasingly skeptic of Presidents Chief Legislator -Presidents are turned to for concrete legislative plans to propose to Congress -Partisan lines give Prez even more legislative authority -Typically have a hard time getting congress to pass their programs -Rely on beginning of their term as well as political party support. most successful when President has carried members of his party into office and when their party hold majority. Budgetary Process and Legislative Implementation -President makes budget proposal which shows importance and priorities based on the funding each agency is supposed to have -Congress has control of money but FDR get involved in budget -OMB Policy-Making through Executive Order -In Times of high divided gov, prez can affect policy process by issuing executive order -Singing statements are the presidents comments on a bill. Invite litigation and delay policy implementation Impeachment Contained in Article 2 and adopted as a check on the power of the President. It is the power delegated to the House of Reps in the Const to charge the President, VP, or other civil officer with treason, bribery, or other high crimes and misdemeanors. First step in the constitutional process of removing government officials from office. The senates acts as the court of law and tries the President for the charged offenses with the chief justice of the U.S. Supreme Court presiding. 2/3 majority vote in the Senate is necessary to remove the President from office. Ex: Richard Nixon was heading towards certain impeachment after the watergate scandal, but before he could be tried, he resigned from office. - Andrew Johnson and Bill Clinton impeached by the HoR but neither were kicked out by the Senate Prez Power to Make Treaties is check by the consititution's statements that all treaties must be approved by at least 2/3 of the members of senate. Prez often also try to get around the const "advice and consent" of senate requirements for the ratification of treaties and the Congressional approval requiring for trade agreements by entering into an executive agreement (formal international agreement entered into by the Prez that do not require consent and advice) Exec agreements have been used far more than treaties cementing the role of the Prez in foreign affairs Veto Power Formal constitutional authority of the Prez to reject bills passed by both houses of Congress thus preventing them from becoming a law without further congressional action. Threat of a presidential veto prompts members of Congress to make bills that they know will get passed by the Prez. Gives Prez another way to influence law making. Keeping with the systems of checks na dbalances Congress was given authority to override an executive veto by a 2/3 vote in each house, but that doesn't happen very often Line-item Veto Authority of a chief executive to delete part of a bill passed by a legislature that involves tacing or spending. Ruled unconst, by Supreme Court Power to Convene Congress Const. Requires the president to inform the congress periodically of the "State of the Union" and authorizes the president to convene either one or both of the houses of Congress Executive Order Rule or regulation issued by the Prez that has the effect of a law. All executive orders must be published in the federal register Qualifications -Both Prez and VP must be natural born citizens of the U.S. -Be at least 35 years old -Have been a resident of the U.S. for 14 years at least -Framers wanted to make sure that prospective presidents spent a majority of their time on U.S. shore before running for election Cabinet: An advisory group selected by the President to help him make decisions and execute the laws Vice President -Began as insignificant position -Originally VP was sought after to balance Prez Ticket -in 2008, Obama and McCain both chose VP to balance their views and attract a larger demographic -VP's power is based on how much power the prez gives The Cabinet -No Basis in constitution but implied by Article 2, Sec 2 -Prez chooses head of major exec depts -Job is to execute the laws and assisst in making his decisions -Duties have grown alongside duties of national gov -Groups hope to create exec dept in order to recieve position of secretary who is automatically in cabinet (Leads to access) -Role of secretary has decreased, while over all cabinet influence has increased EOP -Established by FDR to oversee New Deal and to direct Diverse activities of exec branch -Have become prime policy makers as hey are experts in their field NCS-National Security Council. American Military affairs and foreign policy -Presidency appoints members of each body, but the much follow congressional legislation White House Staff -Senior Aids and personal assistants. No formal power, but based from personal relationship and access -Key aids include chief of staff, domestic, foreign, and economic strategists, communication staff, the white house counsel, a lobbyists who serves as communicator between pres and Congress Roots of Presidency -When the colonists declared independence in 1776 their distrust of a strong chief executive remained -Framers feared a perpetually re-elected tyrant as they viewed the British Monarch -Some delegates suggested there should be multiple executives however the Framers eventually agreed there should be executive authority held by one person Pardon Executive grant providing restoration of all rights and privilidges of citizenship to a specific individual charged or convicted of a crime. Check on judicial power by Prez. Impeachment can't be pardoned. Can be applied to a specific person or large group. Ford Pardoned Nixon. New Deal Program of "relief, recovery, reform" begun by Roosevelt in 1933 to bring US out of Great Depression EOP Executive Office of the President: Mini-bureaucracy created in 1939 to help the President oversee executive branch bureaucracy OMB Office of Management and Budget: Office that prepares the President's annual budget proposal, reviews the budget and programs of executive departments, supplies economic forecast, and conducts detailed analysis on proposed bills and agency rules George Washington's Steps to establishing Gov: -Took every opportunity to establish supremacy of executive branch -Held regular meetings with his advisors- resulted into today's cabinet -Established role of chief executive in conduct of foreign affairs. Limited Senate to only approve treaties -Claimed presidential power to claim neutrality After the first 3 presidents, Congress gained strength and was known as the most powerful. Who changed it? Andrew Jackson was the first national strong leader who represented more than the elite. He began the Jacksonian era: concept that embodies western, frontier, egalitarian spirit (Everything Jackson personifies). Presented as down-to-earth. Used vetos and rewarded party members with presidential appointments. Lincoln led similarly, justified his acts by saying his circumstances allowed him more power. Modern Day Presidency -Instant communication has changed public views -Used to be that COngress had time to deliberate, but now the public expects the president to be the figure head in challenging times -Since 1930's presidential decision > Congress (Thanks FDR) -Franklin's circumstances (Great Depression) gave him broad presidential powers which he used to his fullest abilities -Implemented New Deal -Changed the way Presidents Communicate by speaking casually in radio addresses and fireside chats

How might a bill become a law if it has been pocket veto

The bill must be introduced in the next session of Congress

impeachment

charges against a president approved by a majority of the House of Representatives

Civil Service Act

hiring and promotion would be based on merit rather than patronage Act that extended collective bargaining rights to federal employees. Established the Civil Service Commission and marked the end of the spoils system.

Jim Crow

Laws designed to enforce segregation of blacks from whites

Senate Majority Leader

Leader of the majority party in the Senate.

The system under which a successful political candidate or party would use political appointments to the bureaucracy as a way of rewarding loyal supports and allies by providing government jobs and by firing the supports of the opposing party was known as

Patronage or spoils

Which president got shot about the issue of the Pendleton civil service act ?

GARFIELD

Divided government

One party controls the White House and another party controls one or both houses of Congress

The Hatch Act

. federal law prohibiting government employees from participating in partisan politics Law which restricts the type and extent of political activity that federal bureaucrats may conduct Cannot be federal government employee and be on a campaign

Popular sovereignty

A belief that ultimate power resides in the people.

Republicanism

A form of government in which people elect representatives to create and enforce laws Citizens elect representatives to carry out their will

Unitary system

A government that gives all key powers to the national or central government

Nationalizing

A government's takeover of selected companies or industries

How does a bill become law

Full faith and credit

Each state must RECOGNIZE the civil laws and legal proceedings of other states. The act of one state honoring the civil laws and court decisions of other states

Amendment 8:

Prohibits excessive bails, fines, and cruel and unusual punishment.

federal bureaucracy

The totality of the departments and agencies of the executive branch of the national government.

Cabinet

A group of advisers to the president. Department of Defense Oversees armed forces, Originally named Department of War Run by Joint Chiefs of Staff (leaders of each branch of armed forces) Protects nation's security Department of State Foreign policy Protects rights of citizens traveling in foreign countries Staffs embassies in foreign countries Speaks for U.S in United Nations Originally Dept of Foreign Affairs, established in 1789 Department of Commerce Protects and promotes industrial and commercial segments of US economy Three agencies: Bureau of Census (count people every 10 years), Office of Patent and trademarks (new inventions), Standards and technology (provides standards for weights and measurements) Established in 1903 Department of Health and Human Services Direct programs concerned with health Manage Medicare and Medicaid Includes Social Security Administration Oversees medical research Includes FDA (food and drug administration) Department of Housing and Urban Development Supports home ownership Provides access to affordable housing free from discrimination National Mortgage Association, makes money available for people to buy homes Protects housing opportunities for highly disadvantaged Created in 1965 Department of Justice Created in 1870 Drug law enforcement Includes FBI, INS, US Marshals, DEA Immigration rights and deportation Department of Homeland Security Created in 2002, following attacks on 9/11 Controls Coast Guard and Border Patrol Counters/prevents terrorism in US Develops national strategies to prevent terrorism Department of Transportation Regulate all aspects of transportation (needs, policy, development, and planning) Includes regulating aviation, railroads, highways, mass transit. Established by Act of Congress in 1966 Ensures convenient transportation Department of Treasury Includes US Mint (manufactures coins) Bureau of engraving and printing (paper money) Bureau of public debt Internal Revenue Service Make money, borrow money, tax Department of Veteran's Affairs Formerly known as Veteran's Administration Administers hospitals and programs to benefit veterans and their families Founded in 1989 Department of Agriculture Created to help farmers improve income and expand markets Founded in 1862 Develops conservation programs for farmers Provides financial credit to farmers Safeguard for national food supply Department of Energy Founded in 1977 after energy shortage Purpose is to give energy to US citizens (natural gas, coal, etc) Regulate energy sources Department of Labor Founded in 1913 Ensure safe working conditions Ensure minimum wage Protect pension rights Bureau of Labor Statistics Office of American Workplace (employee/management relations) Department of Interior Founded in 1849 to protect national land Construction of water systems Protect natural resources Management of public parks/lands Management of hospitals and universities Oversee relations with Native Americans Manage national parks, monuments, and historic sites Department of Education Can: Help disabled kids with education Help kids who are learning English Help students pay for college with loans Create recommended curriculum Cannot: Force curriculum Establish schools or colleges Set school requirements Create standardized tests Presidential Cabinet Group of officials who head government departments and advise the president. Appointed by the President, must be approved by the Senate

Electoral College

A group of people named by each state legislature to select the president and vice president electors from each state who choose the president

Tenth Amendment

Amendment stating that the powers not delegated to the federal gov. are reserved to the states

Social Contract

An agreement between the people and their government signifying their consent to be governed

10 Amendment explained (1791)

Amendment I [1791] Congress shall not establish religion, or prohibit the free exercise of religion, freedom of speech, freedom of press, right to peaceably assemble, and petition the government. Congress is not allowed to make up a religion for the people to believe in, and they are also not allowed to stop people from practicing or believing in what they want to. With freedom of speech, the people are allowed to say whatever they want, except for language that would cause harm to the rest of the people. Freedom of press is when one is able to write and publish whatever they want to. The right to peaceably assemble is the right to gather or hold meetings with others without the permission of the government. The people are even allowed to petition the government, which means that if one feels as if there is something that the government should change, we the people are allowed to formally write a request which would get signed by a certain number of people to appeal to the government for the change. How this amendment is important in one's life, is being able to say, publish, and practice whatever one would want to. Also, if there is a problem going on with the government, we the people are able to gather and collect signatures to petition that problem with the government. Amendment II Well regulated militia, keep and bear arms With a well regulated militia and the right to keep and bear arms, it ensures that the people of the United States are well protected as well as are able to protect themselves at all times. This amendment is important because one feels more safe knowing that there is a well regulated militia protecting our country. This amendment is also very important since it allows the people to be able to protect or defend themselves by being able to keep and bear arms. Amendment III No soldier in times of peace or times of war is to be quartered in any house without the consent of the homeowner, unless prescribed by law. If the owner of the home does not give permission to the soldier(s) to stay in their home, the soldier is not allowed to stay in their home, unless the government passes a law that states the homeowner must allow them to stay. This amendment is important since it keeps the privacy of the people. Therefore if one is face to face with a soldier or multiple in front of their house, they are not allowed into one's home without the full consent of the homeowner. Amendment IV Right of the people to be secure against unreasonable searches and seizures, no warrant for such can be issued without a reasonable cause. If there is no proper reason to search or seize someone, the authority is not allowed to search or seize you unless there is a proper warrant issued This amendment is important since it secures the privacy of the people. How it does this is by having the authority doing the search and seizure to present a proper warrant first before doing so. Amendment V No person shall be held to answer for a capital or infamous crime, unless on a presentment or indictment of a grand jury; double jeopardy; must have witness against himself, cannot be deprived of life, liberty, or property, without due process of law; private property cannot be taken for public use without due process of law. A person does not have to answer for a crime unless there is a grand jury present. One cannot be prosecuted for the same offense twice. When in trial the witness of the offender must be present. Also life, liberty, or property cannot be taken away for public use without the fair treatment through the normal judicial system. The most important part to this amendment is that the government is not allowed to abuse their power, by depriving the people of life, liberty, or property without due process of law. Amendment VI Right to a speedy and public trial by an impartial jury; informed about the cause of accusation; confronted with witnesses against him; compulsory process for obtaining witnesses in his favor; assistance of counsel. The person convicted has the right to be tried quickly so that they won't have to stay in jail for an extended period of time. Also, the convicted is to be informed about the cause of his accusation, and know the witnesses against him while also having witnesses for him. When convicted for a crime you are to have the right to a speedy trial, which keeps you from staying in jail for more time than needed to. This is important because if you are innocent then you will be set free quicker. To have witnesses for against you keeps the whole process fair and would give a more accurate sentence. Amendment VII Value of controversy needs to exceed twenty dollars, trial by jury, no fact tried by a jury can be reexamined in any court of the US. Now, in present times, the crime must exceed the value of $75,000. This value ensures that there is not a swarm of people going to court for unimportant cases. Also, once something has been tried by jury and there was a conclusion made, it cannot be reexamined in any court. This amendment is important because it controls/ regulates the people and the types of crimes they can accuse people for. Also, since no fact tried already can be reexamined in any other court of the US ensures that the person convicted would not have a heavier sentence then what they were already given. Amendment VIII Excessive bails and fines not required or imposed and no cruel or unusual punishments inflicted When convicted for a crime there should not be more fines and bails than normal. In addition, the convicted or any person should not be subjected to any cruel or unusual punishments This amendment is important since it keeps the humanity of the people, especially the part where cruel and unusual punishments are not allowed. Alos, since excessive bails and fines are not required, it allows the convicted individual to no pay an excessive amount of money to get out of being convicted. Amendment IX Certain rights in the constitution cannot be interpreted in a way to deny or disparage others retained by the people. The government cannot interpret certain rights in the constitution to deny the other rights kept by the people or even give less meaning to those certain rights. This amendment is important since it regulates the power of the government and how they can or cannot interpret the laws kept by the people. In other words, the government cannot interpret the laws in a way to degrade or hurt the people. Amendment X Powers not delegated to the US by the constitution nor prohibited by it to the states are reserved to the people. The powers not assigned to the US by the constitution are to be for the people/ states. This amendment is important because it allows the people to keep some powers that are not assigned to the US by the constitution. It also keeps the independence of the states since the states too have some power.

Franking privilege

Benefit allowing members of Congress to mail letters and other materials postage-free

Representative democracy

Citizens choose officals (representatives) who make decisions about public policy

The many quasi-judicial processes within the bureaucracy are subject to oversight through appeals to

Congress

oversight

Congressional review of the activities of an agency, department, or office.

Civil liberties

Constitutional freedoms guaranteed to all citizens Freedoms to think and act without government interference or fear of unfair legal treatment

Civil Liberties

Constitutional freedoms guaranteed to all citizens freedoms to think and act without government interference or fear of unfair legal treatment areas of personal freedom constitutionally protected from government interference

Dual Federalism (layer cake)

Dual federalism, also known as layer-cake federalism or divided sovereignty, is a political arrangement in which power is divided between the federal and state governments in clearly defined terms, with state governments exercising those powers accorded to them without interference from the federal government. Layer cake federalism is a term used by some political scientists to illustrate dual federalism

In addition to satisfaction with a product or service, citizens require ____, ____, and ___, from bureaucracies

Equity ; transparency; Accountability

The functions of government - Preamble to US Constitution

Establish Justice, Insure Domestic Tranquility, Provide for the Common Defense, Promote the general welfare Secure the blessing of liberty

appropriation

Legal authority for a federal agency to spend money from the U.S. Treasury.

Amendment 3:

No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

If you were watching C-span and you notice that the president was presiding over one of the houses of congress, which responsibility would the vice president fullfilling.

President of the senate

Interest groups monitor and lobby agencies that

Serve or regulate their own members

Who succeeds the vice president

Speaker of the House of Representatives

Federalist

Supporters of the Constitution an advocate or supporter of federalism. Supporters of ratification of the Constitution and of a strong central government.

New Deal

The name of President Roosevelt's program for getting the United States out of the depression

red tape

complex bureaucratic rules and procedures that must be followed to get something done

filibusters

continuous speechmaking to delay action by a legislative body continuous speechmaking to delay action by a legislative body

Locke's "Natural Rights" Theory & Social Contract

wrote the social contract, South Carolina constitution, spoke of natural rights the purpose of government is to protect the peoples natural rights. in exchange for that protection, we agree to give up our lesser freedoms protects the peoples natural rights what is the whole government was based on (social contract)

Whats the hopper?

A box in which a bill to be considered by the legislation is dropped.

Explain bureaucracy

A bureaucracy is a large and complex system of administrations consisting of appointed officials. Bureaucracies feature a hierarchical authority structure, job specialization, and established rules and procedures. How the president attempts to control the bureaucracy is by appointing agency directors and subheads with senate approval, issuing executive orders, as well as compelling an agency to do/not do something. By doing one or all of these things, the president is able to stand in on the bureaucracies and make sure they are not doing anything they aren't supposed to do, for example abuse their power. On the other hand, how congress tries to control the bureaucracy is by using their specific powers to override regulations that they do not approve of or feel as if they are misleading and or false. Overall, congress monitors the federal bureaucracy to make sure they the agencies are acting properly and most importantly obeying the constitution. Within the federal bureaucracy, the executive branch controls a majority of it, but the legislative and judiciary branches also have a lot of influence; especially the judicial branch. How the judicial branch/ courts control the bureaucracy is by getting involved when the bureaucracy is being unconstitutional. In other words, when the bureaucracy raises issues of law and constitutionality in events for example when a civil service regulation is violated or when an agency oversteps its jurisdiction.

Census

A complete enumeration of a population. A periodic and official count of a country's population. an official count or survey of a population, typically recording various details of individuals.

bureaucracy

A large, complex organization characterized by a hierarchical set of offices, each with a specific task, controlled through a clear chain of command, and where appointment and advancement of personnel is based on merit.

Ex post facto law

A law that makes an act criminal although the act was legal when it was committed

Confederation

A loose association of states or territorial units in which very little or no power is lodged in a central government.

cost-benefit analysis

A method of evaluating rules and regulations by weighing their potential costs against their potential benefits to society.

Standing committee

A permanent committee established in a legislature, usually focusing on a policy area Committee to which proposed bills are referred; continues from one Congress to the next

bureaucrat

A person who works in a bureaucratic organization.

Constitutional Powers

A power vested in the president by Article II of the Constitution. The Power to tax and spend for the defense and general welfare of the U.S. Borrow money Regulate commerce with other nations and between the states Coin money Establish laws of naturalization (how people can become citizens) Punish counterfeiters of money and securities Establish post offices and roads

Federalism

A system in which power is divided between the national and state governments

government corporation

A unit in the executive branch that operates like a private business but provides some public service.

independent executive agency

A unit of the executive branch outside the control of executive departments.

Amendment 2:

A well-regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.

An employee at the Environmental Protection Agency (EPA) who reports to his or her department heads that a colleague has been taking bribes is an example of

A whistle-blower

Qualifications for citizens of the house

According to Article I, Section 2 of the U.S. Constitution, House members must be: at least 25 years of age. a citizen of the United States for at least seven years prior to being elected. a resident of the state he or she is chosen to represent

Judicial Review (T)

Allows the court to determine the constitutionality of laws review by the US Supreme Court of the constitutional validity of a legislative act. The power of the courts to declare laws unconstitutional

Despite the popular impression that policy is decided by the president and Congress and merely implemented by the federal bureaucracy, policy is, in fact,

Also made by the bureaucracy

Rights of accused - 5 out 10 amendments

Amendment 5 Rigths of the accused Amendment 5 key words Speedy trial, no 2x jeaprody, no self incrimination Amendment 5 summary Accused people have right to fair trials, and they are allowed an attorney and to question witnesses. Amendment 6 Right to fair trial Amendment 6 key words speedy trial, an attorney to defend them in court, informed of charges against them and confront those who accuse them. Amendment 6 summary Anyone accused is entitled to a speedy and fair trial. Entitled to an attorney in court. Informed of charges and is allowed to face the people who have accused them of a crime. Amendment 7 Jury Trial in civil cases. Amendment 7 key words this means you can have a jury hear your case if you lose of 20 dollars. Amendment 7 Summary Civil cases are where 2 or more people sue each other over money, property or personal injury. Amendment 8 bail and punishment Amendment 8 key words Bail, fines, must fit the crime cant be cruel or unusual punishment. amendment 8 summary Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Amendment 9 powers to the people Amendment 9 key words right not listed in the constitution Amendment 9 summary Citizens have rights that are not listed in the constitution. Amendment 10 Powers to the states Amendment 10 key words not listed in constitution, any rights not given to fed. govt. are belonging to the states. Ex. are doctors, schools. Amendment 10 summary Powers that are not clearly listed in the constitution for the federal government are belonging t the states.

Confederation

An alliance of independent states

independent regulatory commission

An entity in the executive branch that is outside the immediate control of the president and Congress that issues rules and regulations to protect the public.

foundation

An entity of the executive branch that supports the arts or sciences and is designed to be somewhat insulated from political interference.

Habeas corpus

An order to produce an arrested person before a judge. Constitutional protection against unlawful imprisonment Principle that a person cannot be held in prison without first being charged with a specific crime

quasi-governmental organization

An organization that has governmental powers and responsibilities but has substantial private sector control over its activities.

U.S. Constitution - Article I, II and III

Article I is the longest article in the Constitution; it establishes the national legislature called Congress. The Founders divided Congress into a Senate and a House of Representatives because they were afraid of placing too much authority in any one institution. Among other powers, Congress collects taxes, provides for the common defense (meaning that the federal government, not just the states, provides resources for the protection and security of the United States), regulates commerce, raises armies, and declares war. In addition, Article I contains the "necessary and proper clause," which authorizes Congress to pass any law that it thinks is necessary to carry out its constitutional duties. This provision is very important because it allows Congress to react to situations that may not have existed when the Constitution was written. Article II establishes an executive department headed by a president and vice president. The article further describes the powers of the offices, the manner of election, and the qualifications for office. Of special significance is the president's constitutional role as commander of the nation's armed forces, which assures civilian control over the military. Because the president is the head of the armed forces and only Congress can declare war, the authority of the military is diffused and its power to make decisions is restrained. The Constitution also grants the president the authority to make treaties with other nations. However, to limit abuse of this power, the Constitution requires treaties to be ratified by two-thirds of the Senate. Article III directs that the federal judicial power be placed in a Supreme Court and in other courts as directed by Congress. This brief article also lists the kinds of cases that fall specifically under the jurisdiction of the federal courts.

Term (Article II)

Article II of the Constitution establishes the Executive branch of the federal government. It defines the office of President and Vice President, and an Electoral College to elect them. ... This clause provided the title of the chief executive and defined the term of office. It says nothing about reelection.

U.S. Constitution's Article I- Legislative Branch

Article One of the United States Constitution establishes the legislative branch of the federal government, the United States Congress. The Congress is a bicameral legislature consisting of a House of Representatives and a Senate.

U. S. Constitution's Article II- Executive Branch

Article Two of the United States Constitution establishes the executive branch of the federal government, which carries out and enforces federal laws. The executive branch includes the President, the Vice President, the Cabinet, executive departments, independent agencies, and other boards, commissions, and committees.

Casework

Assistance given to constituents by congressional members, answering questions/doing favors personal work done by a member of Congress for his constituents

Leadership in Bicameral legislature

Bicameral Legislature A lawmaking body made up of two chambers or parts. The U.S. Congress is one of them (Senate and House of Representatives) Filibuster An attempt to defeat a bill in the Senate by talking indefinitely, thus preventing the Senate from taking action on the bill. . Majority Leader The legislative leader elected by party members holding the majority of seats in the House of Representatives or the Senate. Minority Leader The legislative leader elected by party members holding a minority of seats in the House of Representatives or the Senate. Whip A senator or representative who helps the party leader stay informed about what party members are thinking, rounds up members when important votes are to be taken, and attempts to keep a nose count on how the voting on controversial issues is likely to go. Party Polarization A vote in which a majority of Democratic legislators oppose a majority of Republican legislators. Caucus (congressional) An association of members of Congress created to advocate a political ideology or a regional, ethnic, or economic interest. Standing Committees Permanently established legislative committees that consider and are responsible for legislation within a certain subject area. Examples are the House Ways and Means Committee and the Senate Judiciary Committee. Select Committees Congressional committees appointed for a limited time and purpose. Joint Committees Committees on which both representatives and senators serve. Conference Committee A committee made up of representatives and senators appointed to resolve differences in the Senate and the House versions of the same piece of legislation before final passage. Concurrent Resolution An expression of congressional opinion without the force of law that requires the approval of BOTH the House and Senate but not the president. Used to settle housekeeping and procedural matters that affect both houses. Joint Resolution A formal expression of congressional opinion that must be approved by both houses of Congress and by the president. When these are used to propose constitutional amendments, the president does not need to sign.

Brown vs board of education

Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), was a landmark United States Supreme Court case in which the Court declared state laws establishing separate public schools for black and white students to be unconstitutional.

Constitutional Powers of the President

Can appoint ambassadors, ministers and other public figures with the advise/consent/approval of the senate Power to convene congress Can convene either one or both houses of congress in extraordinary cases Power to make treaties president's power to make international agreements that must be confirmed by 2/3 of Senate Veto power presidential power to stop a bill from becoming a law by rejecting it Power to preside over military as commander in chief checked by war powers act but its something Pardon check on the judicial branch, releasing an individual from punishment It's like working seven jobs at once—some people say he wears seven hats. Some of the President's powers, or jobs, are listed in the U.S. Constitution. ... President head of the nation's military forces. Only Congress can declare war, but recent Presidents have sent troops into combat without a formal declaration 7 Constitutional Powers of the President Admin Head of the Nation, Commander and Chief of the Military, Power to Veto, Special Session/State of the Union, Appointment Power, Negotiates Treaties, Pardon Admin Head of the Nation Top of executive branch, enforces the laws Commander and Chief of the Military involves nation into war under Article II Power of Purse congress way of cutting the funds to the president General Veto when the president must veto all of the bill or nothing at all; it takes 2/3 vote from senate to override Special Session 1948 - last time congress called into session by president Truman, 1933 - Roosevelt to deal with the Great Depression State of the Union when the president gets in front of Congress and propose legislation, not in constitution; Wilson first to go in front of Joint Congress 1912; Always one cabinet member missing incase something happened Appointment Power President appoints all Federal Judges, cabinet members, ambassadors, general staff officers, Supreme Court, Court of Appeal, District Court Senatorial Curtsey when the president contacts the Senator from the state to assist in the appointment, president normally takes Senators word Negotiates Treaties Senates job to accept or deny with a 2/3 vote Pardon absolute, power to commute any federal laws, exceptions - may not intervene in impeachment trial,

Voting Rights / expanding the franchise

Civil Rights Act of 1957 Permits the Federal Government to assist in the enforcement of the 15th Amendment guarantee of the right to vote 1965 Voting Rights Act Federal Government was given authority to monitor elections in state`

Amendment 1:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances

Congressional oversight

Congressional oversight is oversight by the United States Congress over the Executive Branch, including the numerous U.S. federal agencies. Congressional oversight includes the review, monitoring, and supervision of federal agencies, programs, activities, and policy implementation.[1] Congress exercises this power largely through its congressional committee system. Oversight also occurs in a wide variety of congressional activities and contexts. These include authorization, appropriations, investigative, and legislative hearings by standing committees; specialized investigations by select committees; and reviews and studies by congressional support agencies and staff. Congress's oversight authority derives from its "implied" powers in the Constitution, public laws, and House and Senate rules. It is an integral part of the American system of checks and balances.

Executive Agreements

Define Executive Orders They are regulations issued by the President. Define Executive Agreements. How do they differ from a treaty? They are pacts or understandings with a foreign government reached by the President or a Presidential agent. They differ from a treaty in the sense that they do not rquire the advice and consent of the Senate. Where are Executive Agreements found in the Constitution? Explain. They are not mentioned in the Constitution. Presidents claim the power to enter into such agreements based on their executive power. . .Where are Executive Orders found in the Constitution? Nowhere. List and explain an example of a good Executive Order and an example of a bad one in your opinion It depends on the circumstance. Executive Orders can be more good than bad and vice versa. A good executive order was Harry Truman issuing an executive order in 1948 ending racial segregation in the armed forces. A bad executive order was President Richard Nixon trying to dismantle several agencies. Are Executive Orders more good than bad, or bad than good in your mind? . Compare and contrast Executive Agreements and Executive Orders. They are both similar because they involve the President taking some kind of action. They are both different because Executive Agreements involve the President making a pact or understanding with a foreign government; Executive Orders involve the President issuing regulations. What are the three Executive Powers for the President? 1. Receive ambassadors. 2. Commander in chief. 3. Faithfully execute the laws.

Supremacy Clause

Federal law is supreme over state law

departments

Generally the largest units in the executive branch, each headed by a cabinet secretary.

Important early Presidents

George Washington - commanded the Continental Army in the American Revolutionary War (1775-1783), and was the first President of the United States, serving from 1789 to 1797. ... Washington played a leading military and political role in the American Revolution. Thomas Jefferson - Thomas Jefferson was an American Founding Father who was the principal author of the Declaration of Independence and later served as the third President of the United States from 1801 to 1809. Andrew Jackson - was born in 1767 in the Waxhaws region between North Carolina and South Carolina. A lawyer and a landowner, he became a national war hero after defeating the British in the Battle of New Orleans during the War of 1812. Jackson was elected the seventh president of the United States in 1828 abarham Lincoln - Abraham Lincoln was the 16th president of the United States. He preserved the Union during the U.S. Civil War and brought about the emancipation of slaves. FDR - The New Deal was the set of federal programs launched by President Franklin D. Roosevelt after taking office in 1933, in response to the calamity of the Great Depression, and lasting until American entry into the Second World War in 1942.

civil servants

Government workers employed under the merit system; not political appointees.

patronage

Granting favors or giving contracts or making appointments to office in return for political support

Civil rights

Guarantees of equal treatment by government officials regarding political rights , the judicial system and public programs

Congressional oversight is an important tool for

Holding the executive branch accountable

Who introduces the impeachment ?

House of representatives - introduces the impeachment

Removal / Impeachment

Ipeachment is the formal process of accusing a government official of unlawful activity or wrongdoing. Impeachment can occur at the federal and state level Article 1 Article 1 of the U.S. Constitution gives the House of Representatives the power to impeach and the Senate the power to try impeachments of government officials. President Bill Clinton (1993-2001) was impeached on December 19, 1998 on articles of perjury by a vote of 228-206 and obstruction of justice by a vote of 221-212. The allegations were based on the fact that Clinton illegally lied and covered up his relationship with a twenty-two year old White House employee named Monica Lewinsky. The 2nd article accused Clinton of abuse of power by a 148-285 vote. President Clinton was acquitted by the Senate. The two-thirds vote to remove him from office fell short at 44-55 vote.

Political agenda

Issues that merit action, as determined by the public or those in power A list of issues that need government attention The issues that are considered important and given priority in political deliberations

Why does the "cutting the fat" approach to scaling back the bureaucracy decreasing the morale of federal government employees

It sends the message that they and their work are not valued by political leaders or the public

Cooperative Federalism - marble cake

Marble Cake Federalism, also known as cooperative federalism, is a form of federalism where there is mixing of powers, resources, and programs between and among the national, state, and local governments.

Which of the following statements best summarizes why Congress passes laws the are vague about goals and procedural guidelines?

Members of Congress believe something should be done about a specific social problem but are unclear on or disagree about how best to solve it.

Qualifications to be president

No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident

Where does it state the right to privacy in the constitution?

No where

Reserved powers

Powers given to the state government alone Powers retained by the states powers that the Constitution does not give to the national government that are kept by the states

Concurrent Powers

Powers held jointly by the national and state governments. powers that are shared by both the federal and state governments

Amendment 10:

Powers not denied to them by the Constitution or given solely to the national government are retained by the states or the people. Certain rights prohibited to the states are reserved to the national government.

Implied powers

Powers not specifically mentioned in the constitution Not expressed, but may be considerered through the use of the Necessary and Proper (elastic) Clause powers beyond Congress' enumerated powers which ensure that it can carry out its duties.

How the Presidents attempt to control the Bureacracy, How Congress trys to do the same How the Courts interact with what the Bureacracy does,

President and the Bureaucracy: The president can experience many difficulties when attempting to get the bureaucracy to agree with him due to the large size of the bureaucracy. Even with this roadblock, the president can still get his point across in many different ways. He has the power to appoint individuals he wants in high positions within the agencies. With this power he can appoint people who support him and his ideas. The president is also in control of the budget request sent to Congress. He can use this to his advantage. Unitary executive is another way for the president to impose his wants onto the bureaucracy. Finally, the position itself plays a huge part in influencing the bureaucracy. It is pretty hard to ignore the president, the only nationally elected political official in our country. Congress and the Bureaucracy: Congress is able to influence the bureaucracy by reversing bureaucratic rules or implementing laws that directly affect them. Congress can also change their structure and mission if need be. Another method of influencing is Congress' power to approve presidential appointments. If certain policies of that entity do not line up with the Senate's ideas, then they can prevent that individual from becoming the head of that agency. Congress is also in charge of the budget for the agencies. If they do not agree with certain agencies, they may cut that entities budget. Finally, Congress has the power to hold oversight hearings. This power allows them to monitor policies and actions of the bureaucracy. Courts and the Bureaucracy: The federal courts influence the bureaucracy indirectly compared to the president and Congress. The courts must wait for a case to reach them before acting. Agencies may have less interference with political powers, but they are not able to perform any actions that may be deemed unconstitutional or violate a citizen's rights. Because of this, the Administrative Procedure Act of 1946 was implemented and continues today after many amendments.

Presidential Succession

President dies of natural causes VP succeeds The president is hurt in a serious accident and realizes that he cannot fulfil his duties at this time The VP is to become the acting president if president informs congress or VP and majority of cabinet inform congress that the president is incapacitated Both the president and vice president dies in a plane crash Speaker of the house succeeds president The president is unhappy with the vice president's public statements opposing official policies and wants to dismiss her from office The president cannot fire the VP The president dies and the vice president is sworn in as president, but needs emergency surgery before a new vice president is chosen. She will be unable to make decisions for about 12 hours Speaker of the house becomes acting president After recovering from an injury, the president believes he is ready to resume his duties, but the vice president and cabinet members disagree President informs congress; VP and majority of congress challenge it; then congress makes decision list the order of succession after president VP speaker of house of reps president pro temp of senate secretary of state secretary of treasure secretary of defense attorney general secretary of the interior secretary of agriculture secretary of commerce secretary of labor secretary of health and human services secretary of housing and urban development secretary of transportation secretary of energy secretary of education secretary of veteran affairs secretary of homeland security

recess appointments

Presidential action to temporarily fill executive branch positions without the consent of the Senate; done when Congress is adjourned.

Gerrymandering

Process of redrawing legislative boundaries for the purpose of benefiting the party in power. Drawing the boundaries of legislative districts in bizarre or unusual shapes to favor one party

Qualifications (Article ll)

Qualifications to be a Representative - 25 years or older -citizen for past 7 years -have to live in your state Qualifications to be on Senate -30 years or older -Citizen for past 9 years -have to live in your state Passing/ Vetoing a bill into law 3 STEP PROCESS -Written in whichever house it originates in -The opposite house needs to pass it -Then it goes to the president What can the president do with a bill -He can sign it and it becomes a law, veto it, or pocket veto -If he vetos it goes back to the house it originates in -if senate and house combine and all 3/4 of all of them pass it and it will automatically become a law Habeus Corpus Police cannot hold you in jail if you are not going to be convicted Ex Post Facto Laws After the fact laws Qualifications for President -35 years or older -Natural born US Citizen -Lived in US for 14 Consecutive years

What if the President pro tempore of the Senate is killed?

Speaker of the house

incorporation

Supreme Court action making the protections of the Bill of Rights applicable to the states

Civil War Amendments - 13th, 14th and 15th (what do they stand for?)

The 13th, 14th, and 15th Amendments, known collectively as the Civil War Amendments, were designed to ensure equality for recently emancipated slaves. The 13th Amendment banned slavery and all involuntary servitude, except in the case of punishment for a crime.

If we wanted to most closely apply the principle of popular sovereignty to control of the bureaucracy, which of the following officials has an interest in seeing that the bureaucracy as a whole is coherently organized and well run

The President

Impeachment & Trial

The Senate becomes jury and judge, except in the case of presidential impeachment trials when the chief justice of the United States presides. The Constitution requires a two-thirds vote of the Senate to convict, and the penalty for an impeached official is removal from office. -House 1st considers whether or not to impeach the pres (51% of the house to send to trial) -Can be impeached for "bribery, treason, or other high crimes" -Senate serves as jury (2/3 to impeach) -the chief judge of the supreme court maintains order at the trial -if impeached the vice president becomes the president automatically

Constitution

The United States Constitution is the supreme law of the United States.[1] The Constitution, originally comprising seven articles, delineates the national frame of government. Its first three articles entrench the doctrine of the separation of powers, whereby the federal government is divided into three branches: the legislative, consisting of the bicameral Congress; the executive, consisting of the President; and the judicial, consisting of the Supreme Court and other federal courts. Articles Four, Five and Six entrench concepts of federalism, describing the rights and responsibilities of state governments and of the states in relationship to the federal government. Article Seven establishes the procedure subsequently used by the thirteen States to ratify it. It is regarded as the oldest written and codified constitution in force of the world.[2]

Electoral College

The United States Electoral College is the mechanism established by the United States Constitution for the election of the president and vice president of the United States by small groups of appointed representatives, electors, from each state and the District of Columbia. The Constitution specifies that each state legislature individually determines its own process for appointing electors.[1][2] In practice, all state legislatures use popular voting to choose a slate of electors who are pledged to vote for a particular party's candidate. Thus, today the president and vice president are effectively chosen through indirect election by the citizens. Electoral College this system is how the U.S. has chosen its presidents for nearly 230 years National Popular Vote a new plan where states would award their electoral votes to the candidate who gets the most popular votes nationwide winner take all laws in most states that award all of a state's electoral votes to the candidate who wins the most popular votes in that particular state Swing state a state that could vote either way, republican or democratic 538 the total number of electors in the Electoral College 270 a candidate must win a majority of the total number of electoral votes cast, this is the "magic" number electors may be party leaders, elected officials, or individuals affiliated with a presidential candidate House of Representatives is based on a state's population 2 each state has this many senators poll a "snapshot" of public sentiment at a particular moment 3 the number of Wyoming's electoral votes party loyalty influences 90% of of voters decisions

bureaucratic implementation

The actions taken by the bureaucracy in service of its mission of executing the laws of the United States.

Which of the following statements about civil servants in American Bureaucracy is true?

The civil service does not generally attract the most talented people in our society because it has so little prestige

Redistricting

The drawing of new electoral district boundary lines in response to population changes. The redrawing of the boundaries of the congressional districts within each state.

Popular consent

The idea that a just government must derive its powers from the consent of the people it governs.

Constituency

The people and interests that an elected official represents a body of voters in a specified area who elect a representative to a legislative body.

What does the president do ? (t)

The president works out treaties or agreements with other nations concerning trade and the aid that the United States gives to needy countries. He appoints ambassadors to represent the United States in foreign countries. The president also serves as the Commander in Chief of the armed forces. Main functions of the president (T) Head of state- sues the country Commander of chief- in charge of the military Chief diplomat - deals with other countries. Chief executive - executive branch reports to him. He prepares the budget. Head legislator - suggesting to congress both house and senate and what new law should be passed . he still has to respond to congress.

Political equality

The principle that all citizens are the same in the eyes of the law All citizens have the same political rights and opportunities

principal-agent relationship

The relationship between the president and Congress, who act as principals, with the bureaucracy, who is the agent, where the principals give the agent authority and discretion, but seek to ensure the agent still follows the wishes of the principals.

Constituents

The residents of a congressional district or state. the people who are represented by elected officials

Amendment 4

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Unitary Executive

The unitary executive theory is a theory of American constitutional law holding that the President possesses the power to control the entire executive branch. The doctrine is rooted in Article Two of the United States Constitution, which vests "the executive power" of the United States in the President.

Shortcomings of the Articles of Confederation

This video demonstrates the shortcomings of the Articles of Confederation. The Articles of Confederation was unable to: 1. draft soldiers into the military. 2. collect taxes for funding. 3. create treaties/ alliances with foreign countries/ states. 4. create a common currency. 5. create an executive branch or have an executive in order to enforce laws. 6. create a judicial branch to settle disputes. The U.S. ran into many issues during its beginning stages. Our country was insanely in debt after the Revolutionary War. We owed money to France, Holland, Spain, pirates, and our own people. The people were owed money for participating in the Revolutionary War. Also, the U.S. was unable to collect taxes resulting in the inability to fund the military. Our own states were also imposing extremely high taxes on one another for utilizing each other's resources. The example in the video was that New York charged New Jersey and Connecticut this ridiculous taxes resulting in disputes between one another. These disputes lead to the next problem. The U.S. had no judicial system to settle these disputes. It's like two kids fighting and not having an adult break it up. Nothing will get resolved and nobody will benefit from the situation. Another problem was the government's inability to enforce laws or amend laws. The example provided in the video is of someone speeding and there being no police officers to stop that person. To add onto that, the Articles of Confederation made it extremely difficult to pass laws because the U.S. was unicameral and needed the approval of 9 out of 13 states in order to pass a law. Amending laws were even more difficult. Congress required ALL of the states' approval for amendment to happen. This video demonstrates the shortcomings of the Articles of Confederation. The Articles of Confederation was unable to: 1. draft soldiers into the military: With no military, there was no way for our country to be defended by outside factors. These outside factors include Britain, France, Spain, and pirates. 2. collect taxes for funding: The U.S. was unable to collect taxes to fund the military or any other programs such as creating roads. Because the U.S. was unable to collect taxes they could not pay back their debt that they owed to France, Holland, Spain, pirates, and our own people. 3. create treaties/ alliances with foreign countries/ states: States would get into disputes with each other because of disagreements of the insane tax they would impose on one another for using each other's resources. The U.S. was also unable to get together to come to an agreement on how to deal with foreign countries. 4. create a common currency: Each state had their own currency during the Articles of Confederation making it very difficult to trade when crossing into other states. It was very hard to find out the value of a product. 5. create an executive branch or have an executive in order to enforce laws: There was nobody or no branch to enforce laws. The example provided by the video talks about a car speeding with no police officer to stop that person. With no one to enforce the law, everyone did whatever they wanted. 6. create a judicial branch to settle disputes: Not only was there no one to enforce the law, but there was no one to punish anybody that disobeyed the law. States would get into disagreements with each other and the problem would never be resolved. An example is if two children were fighting and there was no parent to settle the dispute. The U.S. ran into many issues during its beginning stages. Our country was insanely in debt after the Revolutionary War. We owed money to France, Holland, Spain, pirates, and our own people. The people were owed money for participating in the Revolutionary War. Also, the U.S. was unable to collect taxes resulting in the inability to fund the military. Our own states were also imposing extremely high taxes on one another for utilizing each other's resources. The example in the video was that New York charged New Jersey and Connecticut this ridiculous taxes resulting in disputes between one another. These disputes lead to the next problem. The U.S. had no judicial system to settle these disputes. It's like two kids fighting and not having an adult break it up. Nothing will get resolved and nobody will benefit from the situation. Another problem was the government's inability to enforce laws or amend laws. The example provided in the video is of someone speeding and there being no police officers to stop that person. To add onto that, the Articles of Confederation made it extremely difficult to pass laws because the U.S. was unicameral and needed the approval of 9 out of 13 states in order to pass a law. Amending laws were even more difficult. Congress required ALL of the states' approval for amendment to happen.

United States Attorney General

Under Article II Sec. 2 of the Constitution the Attorney General is nominated by the President and appointed with the advice and consent of Congress. The Constitution is clear that the Attorney General may be impeached by Congress. As to whether the Attorney General may be summarily removed by the President, no provision of the Constitution grants this power. The decisional law suggests that the President has the power to remove an official engaged in purely executive functions or an official whose duties immediately affect the President's ability to fulfill his constitutional responsibilities

Failures of Articles of Confederation

Under the Articles of Confederation, no provisions were made for an executive branch to enforce the laws nor for a national court system to interpret them. A legislative Congress was the sole organ of the national government, but it had no power to force the states to do anything against their will.

what is the OPM of the federal office

United States Office of Personnel Management. The United States Office of Personnel Management (acronym: OPM) is an independent agency of the United States federal government that manages the government's civilian workforce.

Executive order

What is an executive order? (1) A formal device, issued by the President, used primarily to control the workings of the executive branch by directing the agencies that comprise it. (2) This is a formal method in which the president can exercise supervision and direct the agency by issuing an executive order outlining a certain way to do things. They are not binding, not mentioned in the Constitution, and only function in a discretionary way concerning policy decisions that agencies make. What are the limits on an executive order, i.e., what can the president do by executive order without legislation by Congress? (1) Can only control action to the extent permitted by law and where applicable. They do not bind independent agencies. (2) The president can guide the discretion of agencies under his control. The president cannot legislate, cannot change appropriations, and cannot abrogate due process by determining the outcome of an adjudication. In simple terms, what does this executive order address -prescribes principles of regulation for agencies to follow to the extent permitted by law and where applicable. It requires agencies to consider many factors when devising a regulation, including the costs and benefits of the regulation, alternatives to the regulation, and the impact of the regulation on state, local, and tribal governments and officials. It mandated that agency action in rule making be reviewed by the OMB before it can take effect. In essence, it allows injects politics into rule making. What is OMB and what do does it do? the OMB is the Office of Management and Budget. The OMB is responsible for cost-benefit analysis. How have things changed? (1) The Federal Budget has grown exponentially (2) The founders did not contemplate a large, complex government. In the early period, congress passed individual bills on each spending item. In the modern period these individual bills have been replaced by a global budget which includes both the routine funding for the agencies and all the special appropriations bills like new weapons systems, highway projects, and the like. The president can only veto the whole budget or nothing. This makes the veto much less effective. What separation of powers issues does it raise? would take away the Congress's constitutional "power of the purse" and give it to the executive branch. It is also "legislating" by changing the law as it was presented to the President what is an executive order? a law or command the president gives to the executive branch what can the president NOT make and executive order about? something controlled by congress how does electing a different president affect executive orders? a new president can change/remove executive order what was harry truman's executive order? to desegregate the military what did truman create to enforce this order? created committee to review- surprise inspections Article II Defines the constitutional powers of the president Executive Order A directive issued to officers of the executive branch, requiring them to take or stop taking an action, alter policy, change management practices, or accept a delegation of authority Presidential Proclamation States a condition, declares law and requires obedience, or recognizes an event. Includes pardons National Security Directive Formal declaration to an agency or department head of a presidential national security decision, requiring follow-up Signing Statement Provides the President's interpretation of a law, announces Constitutional limits on implementation of it, or indicates directions about how to administer it Federal Register A publication of the U.S. government that prints executive orders, rules, and regulations. Presidential Pardon Power of the executive branch to forgive a person of a crime and prevent the person from being re-tried. quasi-judicial a characteristic of independent regulatory agencies that gives them the power to interpret regulations they create advice and consent Terms in the Constitution describing the U.S. Senate's power to review and approve treaties and presidential appointments appointment power The authority vested in the president to fill a government office or position. Positions filled by presidential appointment include those in the executive branch and the federal judiciary, commissioned officers in the armed forces, and members of the independent regulatory commissions cabinet An advisory group selected by the president to aid in making decisions. The cabinet includes the heads of fifteen executive departments and others named by the president chief diplomat The role of the president in recognizing foreign governments, making treaties, and effecting executive agreements chief executive The role of the president as head of the executive branch of the government chief legislator The role of the president in influencing the making of laws chief of staff The person who is named to direct the White House Office and advise the president civil service A collective term for the body of employees working for the government. Generally, civil service is understood to apply to all those who gain government employment through a merit system commander in chief The role of the president as supreme commander of the military forces of the United States and of the state National Guard units when they are called into federal service constitutional power A power vested in the president by Article II of the Constitution diplomatic recognition The formal acknowledgment of a foreign government as legitimate emergency power An inherent power exercised by the president during a period of national crisis executive agreement An international agreement made by the president, without senatorial ratification, with the head of a foreign state executive office of the president (EOP) An organization established by President Franklin D. Roosevelt to assist the president in carrying out major duties executive order A rule or regulation issued by the president that has the effect of law. Executive orders can implement and give administrative effect to provisions in the Constitution, to treaties, and to statutes executive privelege The right of executive officials to withhold information from or to refuse to appear before a legislative committee expressed power A power of the president that is expressly written into the Constitution or into statutory law federal register A publication of the U.S. government that prints executive orders, rules, and regulations. head of state The role of the president as ceremonial head of the government impeachment An action by the House of Representatives to accuse the president, vice president, or other civil officers of the United States of committing "Treason, Bribery, or other high Crimes and Misdemeanors inherent power A power of the president derived from the statements in the Constitution that "the executive Power shall be vested in a President" and that the president should "take Care that the Laws be faithfully executed"; defined through practice rather than through law national security council (NSC) An agency in the Executive Office of the President that advises the president on national security office of management and budget (OMB) A division of the Executive Office of the President. The OMB assists the president in preparing the annual budget, clearing and coordinating departmental agency budgets, and supervising the administration of the federal budget pardon A release from the punishment for or legal consequences of a crime; a pardon can be granted by the president before or after a conviction patronage The practice of rewarding faithful party workers and followers with government employment and contracts permanent campaign A coordinated and planned strategy carried out by the White House to increase the president's popularity and support pocket veto A special veto exercised by the chief executive after a legislative body has adjourned. Bills not signed by the chief executive die after a specified period of time. If Congress wishes to reconsider such a bill, it must be reintroduced in the following session of Congress signing statement A written declaration that a president may make when signing a bill into law. Usually, such statements point out sections of the law that the president deems unconstitutional state of the union message An annual message to Congress in which the president proposes a legislative program. The message is addressed not only to Congress but also to the American people and to the world statutory power A power created for the president through laws enacted by Congress 12th amendment An amendment to the Constitution adopted in 1804 that specifies the separate election of the president and vice president by the electoral college 25th amendment A 1967 amendment to the Constitution that establishes procedures for filling presidential and vice presidential vacancies and makes provisions for presidential disability veto message The president's formal explanation of a veto when legislation is returned to Congress Explain the formal and informal powers of the president, providing examples to support your answer Formal Power: 1) Diplomatic: Negotiate treaties with foreign countries; Diplomatic Recognition- power to formally recognize the legitimacy of a foreign government - Ex: President Truman's recognition of Israel's gov in 1948 2) Military: have the power to take military action without declaration of war from Congress; can bring home troops - ex. Korean War and Vietnam War were fought without a formal declaration of war 3) Legislative: as chief agenda setter they can influence work of Congress- State of Union address and federal budget proposal, can suggest legislation at any time, has the power to veto a bill 4) Judicial: presidents can nominate the people who become federal judges and justices, can alter sentences of people convicted of crimes through pardons and reprieves - ex. President Gerald Ford pardoned Richard Nixon for his crimes in the Watergate scandal Informal Powers: 1) Executive Orders: power to issue executive order- a formal rule or regulation instructing executive branch officials on how to carry out their job, have the force of law but Constitution doesn't specifically permit president to issue them, give the president great power to interpret laws passed by Congress - ex. 2000 President Clinton ordered that all executive agencies make appropriate accommodations to employees with disabilities. 2) Executive Agreement: agreements between a president and the head of a foreign government that don't require the advice and consent of the Senate like treaties do, have effect of the law -ex. NAFTA( North American Free Trade Agreement) 3) Executive Privilege: allows a president to shield and refuse to release information to Congress or a court in the interest of national security, being able to keep sensitive information secret is vital to the safety of the nation. ex. During the Watergate scandal President Richard Nixon refused to turn over, claiming executive privilege. Explain the appointment process for department positions and federal judge positions. (POTUS appoints and must be confirmed by the senate) 1. President appoints a nominee (white house review, financial form disclosure, fbi investigation, interest group influence) 2. Senate confirms hearing (grill nominee on all subjects, senate standing committee will pass recommendations to full senate) 3. Full Senate vote 4. Once Confirmed, the Cabinet nominee is sworn in Explain how the White House Staff, the Executive Office of the President, and the Cabinet contribute the managing the presidency. White house staff: key assistants and deputy assistants to the president that handle much of the daily business in the White House; chief of staff to manage this office and is primary presidential adviser EOP: group of advisers and assistants to the president- help the president formulate policy (White House Office, National Security Council, Council of Economic Advisers, OMB) Cabinet: advisory committee made up of heads of the executive departments- responsible for carrying out laws, administering programs and making regulations What are the "roles" of the President? Explain each one. Which do you think is the most important and why? Formal: in the constitution - chief executive: faithfully executive to law - chief administrator: manager of the 15 executive departments - chief diplomat: foreign policy spokesperson - commander in chief: armed force leader - chief legislator: signing bills, deliver SOTUS Informal: - chief of party: political party leader - chief of citizen: represent the people - chief of state: ceremonial head of states Choose two presidential paradoxes that you think are most accurate and explain them. ... Executive Agreement Arrangements or compacts the U.S. President makes with foreign leaders or foreign governments, does require the advice or consent of the government Veto A refusal by the president or governor to sign a bill Pocket Veto A means by which the president can reject a bill, when congress is not in session, by not signing it Formal powers Those stated in the constitution State of the Union Address - chief legislature - list of specific programs for Congress to consider enacting into law - setting the gov agenda Impeachment The process of charging officials in the executive and judicial branches with wrongdoing and bringing them to trial Executive privilege The power that allows a president to refuse to release information to congress or a court Executive orders Formal, signed statements from the president that instruct or guide executive officials and have the force of law Chief of staff The official who manages the everyday operations of the White House Office or who may serve as the primary presidential adviser who controls all access to the president and helps may political strategy Executive Office of the President (EOP) The group of advisers and assistants to the president Office of Management and Budget (OMB) The organization set up to develop and implement the federal budget, legislation, gov regulations, management of gov finances, and the purchase of goods, services, and property for the entire government Cabinet The leaders of the executive departments, who also acts as advisers to the president West Wing nerve center for executive branch; Oval Office; vice president, press secretary, White House counsel, national security adviser, congressional liaison, chief of staff all conduct work here Bureaucracy A type of organization, either in government or private sector, having the following features: a clear formal structure, a division of labor, and a set of rules and procedures by which it operates Formal and Informal Checks on the President Formal: 1) Judicial review of presidential actions ex// Marbury vs Madison begins power of judicial review - chief justice presides over impeachment trial 2) Congress checks in Article 1 - Commander of Chief Check: Congress declares war - ex// made laws like War Powers Resolution that restricts president from sending troops without consent of Congress - can impeach president if they are not doing their job ex//Clinton and Johnson impeached by House but acquitted by Senate - Chief Legislative Check: can override presidential veto with 2/3 vote of members in each house ex// Congress overridez\s Bush's Medicare veto - creation of an electoral college and presidential candidate must receive at least 270 votes by electoral college - Senate approves all treaties ambassadors made by president and other foreign leaders - Chief Executive Check: must approve Presidential appointees 4) Amendments - 22nd- 2 term presidential limit and no more than 10 years; prevent president from receiving too much power- created after Roosevelt's presidency when he served 3 terms - 25th- Amendment for rules with presidential succession, if president cannot carry out duties or passes the vice president takes place 12th Amendment presidential elections- president and vice president shall be decided by electoral college on a presidential ticket 20th ammendment presidential succession- vice president becomes president if president dies 22nd ammendment term limits for presidency- no more than two terms, limit is 10 years in office 25th ammendment presidential disability and succession- vice president, Speaker of the House, president pro tempore Formal and Informal Powers of the president of the united states Formal- clearly outlined in the Constitution - Veto power - Command armed forces - Pardoning power - Appointment powers - Make treaties - Recommend legislation to Congress - Convene congress - Appoint ambassadors - Enforce laws - Nominate officials - Fill vacancies during congressional recessions Informal- not explicitly written in the Constitution - Power to go public - Power of persuasion - Meet with world leaders - Make executive agreements - Issue executive orders - Issue signing statements - Create and use bureaucracy - Make legislative proposals different styles of running the executive branch - Pyramid: hierarchy of power with the President's chief of staff at the top (Nixon, Reagan, Bush Sr., GW Bush) - Circular: when staffers have equal access to the president and work together (JFK, Carter, Clinton) - Competitive: fighting for access to president; suppose to encourage hard work and better policies (FDR and LBJ)

What is the Electoral College and how does it work

What is the Electoral College? The electoral college was established in 1788 by Article II Section I Clause II of the US Constitution. The article specifies how many electors each state is entitled to have; since the electoral college is a group of people appointed by each state to formally elect the president and vice president of he United States. For the number of electoral college members/ U.S. House of Representatives each state is allowed to have is all based on the overall population size of each state. Which is why a census is conducted every 10 years. Why is the Electoral College Important? The electoral college is important since it ensures that the President of the United States is selected by the constitutional majority. Also, the electoral college is a very important part of the U.S. political system since its purpose is for all the states to have representation in choosing the president. Should the Electoral College be Changed or Left Alone? I feel that the electoral college should be stopped, as in no longer in "operation," since the reasons for the electoral college created by the founding fathers are no longer relevant, it gives too much power to the "swing states" and allows the election to be decided by only a handful of states, and the electoral college ultimately ignores the will of the people. When the founding fathers established the electoral college in the constitution it was based on the perception that the people of the United States are not as educated on the candidates running for presidency. However, now with the growing relevance of modern technology it is very easy for voters to make informed decisions. Secondly, the presidential election is soley based on the population of each state; which is very unfair to the rest of the nation, especially the smaller states since the presidential candidates would only care more for the larger states.

Delegate role

When members of Congress cast votes based on the wishes of their constituents

Top 5 presidents

Who are your top five presidents? Using knowledge from class and examples, explain your list. - George Washington- first president, pretty much laid out job of presidency, refrained from making a monarchy - Abraham Lincoln- abolish slavery - JFK- "fresh and new change", win in Cuban Missile Crisis, nuclear test ban treaty - FDR- new deal (restoration) after Great Depression, new programs open job opportunities - Obama- health care system, giving immigrants work visas

Individualism

a social theory favoring freedom of action for individuals over collective or state control.

constitution

a written plan of government the body of fundamental laws setting out the principles, structures, and processes of a government

Powers of the Senate

approve presidential appointments and try officials for impeachment ratify treaties approve presidential appointments They have the power to try cases of Impeachment Officials approve presidential appointees, approve treaties

Exclusive Powers of the House vs Senate

he Senate has several distinct powers. The "advice and consent " powers, such as the power to approve treaties, are a sole Senate privilege. The House, however, can initiate spending bills and has exclusive authority to impeach officials and choose the President in an Electoral College deadlock.

The diffusion of responsibility within the bureaucracy

makes the coordination of policies both time consuming and difficult

Privileges and immunities clause

prevents a state from treating citizens of other states in a discriminatory manner. States are prohibited from unreasonably discriminating against residents of other states (article 4)

Political liberty

privacy, freedom of speech, free exercise of religion

descriptive representation

the idea that an elected body should mirror demographically the population it represents

Speaker of the House

the leader of the majority party who serves as the presiding officer of the House of Representatives

Reapportionment

the process of reassigning representation based on population, after every census The reallocation of the number of seats in the House of Representatives after each decennial census

Devolution

the transfer of powers and responsibilities from the federal government to the states the delegation of authority (especially from a central to a regional government)

Bicameral & Unicameral legislature

unicameral to describe a government with only one legislative house or chamber. The Parliament of Finland, for example, is unicameral. Some governments are split into two houses — these are called bicameral legislatures.

Checks and Balances

used to keep the government from getting too powerful in one branch authority shared by three branches of government

Midterm Part 2 American Government (REAL)

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