Congress, Presidency, Courts, State & Local Government, and Domestic Policy

Flashcards for review of key concepts related to the US government and policy, covering the legislative, executive, and judicial branches, as well as state and local governance and domestic policy.

What article of the Constitution establishes the legislative branch?

Article I

What type of legislature does the US Congress consist of?

Bicameral legislature

Name five Constitutional powers of Congress.

Levy taxes, borrow and spend money, regulate commerce, regulate currency, establish postal system, provide for patents and copyrights, establish federal courts below the Supreme Court, maintain armed forces, govern the nation’s capital, oversee national property, and make laws 'necessary and proper' to carry out the stated and implied constitutional powers.

What was the key outcome of McCulloch v. Maryland?

The Court sided with Congress to create a national bank, invoking the Necessary and Proper Clause for implied powers, construing the powers of Congress broadly.

What are two specific limitations on Congress found in Article I, Section 9?

Bills of attainder and ex-post facto laws

Which branch of government ratifies treaties negotiated with the President?

Senate

Which branch of government can declare laws unconstitutional?

Supreme Court

Which legislative house is designed to be more democratic and impulsive, based on population?

House of Representatives

Which legislative house is designed to constrain excesses of popular government?

Senate

How long is the term length for a Senator?

6 years

What is a rider in the legislative process?

Attachments to a bill in order to obtain favor from others, or obtain votes for your bill to pass.

Which legislative house has more prestige and a larger staff?

Senate

How long is the term length for a member of the House of Representatives?

2 years

Which legislative house has more casework and committee membership?

House of Representatives

What role emphasizes a representative's judgment, even if it differs from constituent opinion?

Trustee role

What role emphasizes a representative's duty to reflect the constituents' desires?

Delegate role

What role requires balancing conscience and constituents?

Politico role

What is 'home-style' in the context of Congress?

A congressperson's allocation of time, personal style, and explanation of decisions to their district.

What is the franking privilege?

The ability to use free postage to keep constituents informed.

What are pork barrel projects?

Allocation of funds for projects in a member's district

What is an ombudsman in the context of congressional work?

Work done to intervene between federal bureaucracy and constituents; casework.

What are legislative norms?

The implicit and implied norms or code of conduct in Congress.

What is reciprocity (logrolling) in the legislative context?

When someone helps you sign a law, then you must help them sign a law later.

What is the role of the Speaker of the House?

Serves as opponent to president if from the other party, and speaker is agent of president if belonging to the same party.

What does the Rules Committee do?

Responsible for bills on the floor before they become law; decides the manner in which business is conducted.

What is the role of the majority leader in the House?

Leader of the majority party in the House; second most powerful position.

What is congressional seniority?

Based on length of service; affects committee assignments.

What is the role of the party whip?

To maintain party discipline and attendance for crucial votes.

Who is the President of the Senate?

Vice-President

Name three types of congressional committees.

Standing committee, joint committee, special or select committee

What is the function of the Ways and Means Committee?

Involved with revenue, general appropriations, banking, tariffs, trade agreements, and U.S. bonded debt; sometimes social security, medicare, social services.

What's a special rule in the Rules Committee?

The terms and conditions of debate on a matter

What's original jurisdiction in the Rules Committee?

Changes to standing rules of the House, or depending on urgency of matter - temporary revision of rules.

What do legislative assistants do?

Analyzes bills, drafts laws, writes speeches, and prepares position papers.

What's the key goal of committee floor debate?

Guiding a bill through Congress with the intent of both houses passing the bill in identical form.

What are lobbies?

Centralized power in congress; can be economic, trade, etc.

Define distributive policies.

Programs that provide benefits to few but with small costs to many.

Define redistributive policies.

Programs that provide benefits to some but with high costs to others.

What is the Iron Triangle?

Consists of interest groups, bureaucracies, committees, legislators that together determine the outcome of particular legislation.

What does Article II of the Constitution deal with?

The Executive Branch

What are expressed powers of the president?

Powers granted to the president by the Constitution: Military, Judicial, Diplomatic, Executive, Legislative

What military powers does the President have?

President is commander in chief; can deploy troops domestically in an emergency, to enforce a federal judicial order, or to protect federally guaranteed civil rights

What judicial powers does the President have?

President can grant pardons; Appoints members of the federal judiciary (with Senate approval)

List some specific diplomatic powers of the President.

President is the head of state; Receives ambassadors and other public ministers; Acknowledges which foreign governments are legitimate; Treaties and executive agreements

What executive powers does the President have?

President must make sure that all laws are faithfully executed; Can appoint, remove, and supervise all executive officers; President can claim executive privilege within limits.

What is executive privilege?

Right of POTUS & executive branch to withhold certain confidential communication

What legislative powers does the President have?

Addresses Congress on the state of the union; Submits proposals for legislation; Can veto bills; Has power to issue executive orders.

What are delegated powers?

Congress delegates powers to the executive branch when it creates agencies that must use discretion to fulfill their missions.

What are inherent powers of the President?

Presidential powers implied, but not directly stated, by the Constitution (Executive orders).

What is the Cabinet?

Heads of the major executive branch departments.

What is the role of the White House staff?

Analysts and political advisers who inform the president about policies and their political implications.

What is the Executive Office of the President?

Permanent agencies that perform specific management tasks for the president.

What does the Office of Management and Budget (OMB) do?

Must approve every proposal from an executive agency that requires spending.

What is the only constitutional role of the Vice President?

To preside over the Senate

What does it mean for the president to engage in 'popular mobilization'?

Cultivating their public image and unifying the country.

What is the 'administrative state'?

Over time presidents have tried to grow their power by: Enhancing the reach and power of the Executive Office of the President; Increasing White House control over bureaucracy; Expanding the role of executive orders

In criminal law, who is always the plaintiff?

Government

In criminal law, what is the standard for guilt?

Guilty beyond a reasonable doubt

What are some penalties in criminal law?

Fines, public service, imprisonment, death

In civil law, who is the plaintiff?

The party that has been legally wronged

In civil law, what is the standard?

Preponderance of evidence

What are some penalties in civil law?

Typically monetary

What is precedent?

Previous decisions from prior cases that are used to understand how a law is applied.

What does 'stare decisis' mean?

'Let the decision stand' - The use of precedent in a current case.

What determines whether a case goes to state versus federal court?

Depends on the law in question (Federal law -> Federal court; State law -> State court)

What do trial courts do?

Apply law to the facts of a given case.

What do appellate courts do?

Examine whether the law has been applied correctly in a trial court case. New facts cannot be introduced.

How many Supreme Court justices are there?

Nine justices

Is judicial review mentioned in the Constitution?

No

What is judicial review?

The power of the courts to review and, if necessary, declare actions of the legislative and executive branches invalid or unconstitutional

What was the significance of Marbury v. Madison (1803)?

It established judicial review.

What is a writ of certiorari?

An order by a higher court directing a lower court to send up a case for review

What is judicial activism?

Interpreting meanings that don’t exist

What is judicial restraint?

Interpreting meaning strictly as its written despite changing times

What arrangement is called federalism?

A division of power between the federal and state governments, including core duties for the national government, state duties for the state governments, and equally shared duties.

What are expressed powers?

Constitutional powers of the President and Congress which was part of an allocation of more federal power away from the states

What are implied powers?

Powers that the federal government had which were inferred through the elastic clause and allowing Congress to create all laws necessary and proper for carrying any foregoing powers of the executive or legislative branch

What is Dillon's Rule?

Cities and towns exist at the pleasure of the state; state has jurisdiction or local government.

What is Home Rule?

Local governments are granted a certain degree of autonomy within the state; this includes local responsibilities and authority according to state charter.

What is a statewide legal limit on how much property tax can be collected by local government, like Prop 13 in California?

California property tax - statewide legal limit on how much property tax can be collected by local government; 1978 passage of citizen-driven initiative Prop 13 capped property tax increases at 2% of property value per year; reassessment of property taxes can only happen when it is sold or newly-built construction

Define moralistic political culture.

Government is the means to better society and promote the general welfare; fits well with liberalism.

Define individualistic political culture.

Government should pursue the goals and issues of individual citizens; private roles more important than public interest; aligns with republicanism.

Define traditionalistic political culture.

Government should maintain the status quo; only elites are politically engaged.

Name three powers governors have to influence legislation.

Budget proposal, policy agenda, and vetoes

What is a line-item veto?

Striking parts of a bill with the rest of it intact (only governors can do this).

What is an amendatory veto?

Can send bill back to legislature to change it to what he wants in it.

What is a reduction veto?

The power to reduce the proposed budget in a bill.

Why is executive branch oversight a function of state legislatures?

They review proposals by the governor and can vote against the governor’s nomination of a person to head a specific agency/committee.

What are some potential advantages of term limits?

New blood brings fresh ideas and new perspectives to lawmaking; possible increase in diversity; allows for diversity of participation.

What are some potential disadvantages of term limits?

Affects power structure between the legislature and the executive branch; led to overreliance on lobbyists who are never terms out.

What is quid pro quo?

A symbiotic relationship.

List three types of county government systems.

Commissions system, council-administrator system, council-elected executive system

List two types of city government systems.

Mayor-council system, council-manager system

What is public policy?

An officially expressed purpose or goal backed by a sanction or reward; can be a law, a rule, a regulation, or an order.

What are subsidies?

Encourage people to do things they otherwise could not afford to do.

What does the Federal Reserve Board do?

Lends to banks and holds their short-term reserves (money); Controls reserve requirement; performs open-market operations (buys and sells government bonds); Sets the federal funds rate.

Are Social Security and Medicaid contributory programs?

Yes

Is Medicaid a contributory program?

No

What are some examples of programs designed to promote equality of opportunity?

Education, Health, Housing, Employment (income, education subsidies and discounts, job-training programs, and others; varies by state)

How is public education traditionally funded?

By states and local districts