unit 2 study guide

how many members are in the HoR?

435 (based on population)

what are the qualifications to be a member of HoR?

* at least 25 y/o
* been a citizen for at least 7 years
* must live in the state they represent when they are elected

what does the HoR focus on?

anything that needs to be well thought out:

* laws on taxes, bill, budget (money) b/c more members = better representation of the people (who are affected by taxes and such)
* can __impeach__ the president, federal judge, or other federal official
* elect president in case of Electoral College tie
* focus on domestic policy (b/c of term length; not as much time to discuss long-term things such as foreign policy)

structure of the HoR

speaker → minority/majority leader → minority/majority whip → committees

speaker

* decides who shall be recognized to speak
* decides what is relevant or not
* decides what bills go to what committees

majority leader

the legislative leader elected by party members holding the majority of seats the House or Senate

minority leader

the legislative leader elected by party members holding a minority of seats in the House or Senate

whip

a Senator or Representative who helps the party leader stay informed about what party members are thinking/herd the people to vote

committees

group of Congressmen that specialize in a specific bill

how long is a term for a member of HoR?

2 years

how long is debate in the HoR?

limited debate

how many members are in Senate?

100 (based on equality)

what are some qualifications to be a member of Senate?

* at least 30 y/o
* been a citizen for at least 9 years
* must live in the state they represeent when they are elected

structure of Senate

VP → president pro tempore → majority/minority leader → whip → committees

president pro tempore

* one of the members chosen by the majority party
* honorific position (doesn’t really hold much power)
* presiding officer in the absence of VP

what does Senate focus on?

anything that needs to be approved or addressed quickly goes to Senate

* __try__ impeachment trials
* approve treaties
* confirms presidential appointees (b/c less people that need to agree)
* focuses on __foreign__ policy (b/c of term length; needs more time to discuss)

joint responsibilities of Senate and HoR

* write and pass legislation (laws)
* do most of their work in committees
* collect and share info
* declare war

what is the House Rules Committee? why is it important?

the House Rules Committees reviews most bills and adopts a rule that governs the procedures (like open or closed debate) under which they will be considered by the House

what part of Congress has the power over the budget? (who makes appropriation bills)

HoR

how is the federal budget used to expand the powers of Congress?

the federal budget allows Congress to decide what they want to do with their money, which helps them fund and accomplish their goals + bills

how do the differences betwen the House and Senate impact how bills are passed?

The differences between the Senate and House mainly revolve around their size. The Senate is smaller, so they are able to have more debate about bills. This can allow for better bills due to having more debate, but it also takes more time and bills can be killed by a filibuster. For the House, they have more people and therefore need more rules and limited debate. This helps things go faster and more smoothly, but also cuts down in having more viewpoints included in the process. The House also has to get more people on board to pass a bill (218) than the Senate (51). 

what is Congressional oversight? What is the purpose? How is it helpful/harmful?

Congressional oversight is when Congress makes sure the executive branch faitfully executes laws. it prevents the president from overstepping their powers

Conference committee

a joint committee appointed to resolve differences in the Senate and House versions of the bill

earmarks

setting aside parts of the federal budget for specific projects (general; good or bad)

pork barrel legislation

earmarks/projects that feel wasteful or used as a political tool vs. something the federal gov. should actually worry abot (gov. waste)

mandatory spending

federal spending required by the law; authorized by permanent laws, not by annual appropriation bills

discretionary spending

spending decided upon yearly by the president and Congress through annual appropriation bills

veto

president does not approve a law to be passed

pocket veto

when the president does not take action on a bill in 10 days and Congress is no longer in session

open rule

allows amendments (changes/reviews)

closed rule

no amendments

filibuster

unlimited debate in Senate

cloture

a rule used by Senate to end unlimited debate (2/3 vote)

partisan

1 party in the gov (usually the two parties don’t agree)

gerrymandering

the process of giving one political party an advantage over another by redrawing district lines (gives a party power for 10 years)

constituent

the people that are being represented

term length for length for executive branch

4 years

\# of terms allowed for executive branch

2 years

qualifications for executive branch

* must be a U.S. citizen
* must be 35 y/o+
* must have lived in the U.S. for 14 years

formal powers of the executive branch

* grant pardons + reprieves
* make treaties
* appoint gov. officials
* convene both or either chambers of congress + adjourn them
* make sure laws are properly executed

informal powers of the executive branch

* represents the entirety of the U.S. (sets the tone of what other countries think of U.S.)
* executive privilege
* executive orders

what are executive orders and how can they be used for good an bad?

* not a law, but can carry the weight of one
* judiciary branch makes sure order is constitutional
* directed towards agencies to limit or expand their power
* used to clarify
* a policy implemented/made w/o consultation of Congress

can be a solution to immediate problems, but judiciary branch can only check constitutionality if charged

how has the Executive branch expanded its power over time?

George Washington firmly followed the powers given to the president by the Constitution, but other presidents expanded their powers based on the problems they faced during their term. for example, Abraham Lincoln revoked Habeas Corpus (which required the gov. to explain arrests and charges) b/c he was trying to preserve the Union (and w/o Habeas Corpus, Lincoln could easily punish rebels)

how does the President use communication technology and how has it impacted the relationship with the people and other branches of the gov.?

the President has used communication technology to mainly establish a good connection with their citizens and gain their trust. this helps them get re/elected and get their constituents to do what the President wants

how many people are in the judicial branch?

9

how long can a member of the judiciary branch serve?

for life (on good behavior)

qualifications to be in the judiciary branch

* pass the bar/be a lawyer

\*the idea is that anyone can serve with lesser amount of qualifications

formal powers of the judiciary branch

cases regarding

* controversies of the states
* other countries
* military
* laws

informal powers of the judiciary branch

judicial review

what is judicial review?

makes sure a law is constitutional to prevent corruption and the overstepping of powers

what are Hamilton’s main arguments in fed. 78 on keeping the judicial branch the weakest branch?

* only uses its powers to judge, and not for some corrupt cause
* protect
* liberty
* the rights of the people

what are Hamilton’s main arguments in fed. 78 on judicial review and its importance?

* important part of checks and balances
* cuts down on conflicts of laws (if two laws are similar, they choose which one is passed)

what are Hamilton’s main arguments in fed. 78 on the importance of an independent judiciary?

to prevent other branches from taking advantage of/influencing judicial

precedence

an earlier event or action that is regarded as an example or guide to be considered in subsequent similar consequences

stare decisis

using/applying precedence

judicial activism

making change to precedence

judicial restraint

following precedence

how does the bureaucracy carry out the responsibilities of the federal gov.?

* in bureaucracies, work is done efficiently
* bureaucracies are made up of experts who are able to divide complex tasks so that they can get stuff done
* bureaucracies…
* make and enforce their own rules
* settle disputes through administrative adjudication
* implement laws that Congress writes
* rules/regulations created by bureaucracies have the forces of law and people can be punished for breaking them
* citizens’ comments can be added into the final revision of the rule (making federal law-making more democratic)

discretionary authority

an agency’s ability to decide whether or not to take certain courses of action when implementing existing laws

deciding on course of action on EXISTING laws

rule-making authority

an agency’s ability to make rules that affect how programs, and to force states and corporations to obey these rules as if they were laws

making NEW rules

impact of Baker v. Carr

established the right of federal courts to review redistricting issues (whether or not it was properly representing the population) (which had previously been termed “political questions” outside the courts’ jurisdiction)

impact of Shaw v. Reno

racial reasons for redistricting is unconsitutional

impact of Marbury v. Madison

established judicial review