American Government and Policies Flashcards

Flashcards covering various aspects of American government and policies.

Executive Orders

A power that carries the weight of law but is not expressly mentioned in the Constitution.

Take Care Clause

The constitutional clause used to justify executive orders.

Emergency powers, executive orders

Examples of constitutional vagueness regarding executive power.

"Advise and consent"

Phrase describing the Senate's role in appointments and treaties.

Veto

Power the President has regarding legislation.

Signing statement

A statement issued by the President when they don't like legislation but don't veto it.

Senate

Appointed officials can be fired without whose approval?

No

Does the President have decree power?

Senate

This body provides advise and consent on appointments and treaties.

Power of the purse

The power Congress has over the budget.

Impeachment

The process by which Congress can remove a President from office.

Andrew Johnson, Clinton, Trump (x2), Biden

Presidents that have been impeached.

Legislative presidency

The phenomenon where campaign promises/policies influence what Congress proposes.

Presidential persuasion

A president's ability to convince Congress, other political actors, and the public to cooperate.

"Going public"

Taking an issue to the media/average citizen to gain support.

"Two presidencies"

The idea that presidents have more leeway with foreign policy than domestic policy.

Bureaucracy

A system of government where decisions are made by non-elected officials.

Paradox of Bureaucracy

Discourages preferential treatment, provides continuity to system, creates systems of expertise, removes governance from elected officials.

Principle-agent problem

A problem when agents pursue their own interests instead of the interests of those who hired them.

Congress is principle and agency is agent

When applying principle-agent problem, what is the principle and what is the agent?

Congress

Who organizes the executive branch?

Independent agencies, corporations, departments

Types of bureaucratic institutions.

Statutes

Laws made by legislature that establish or abolish executive agencies.

CIA, NASA

Examples of independent agencies.

USPS, Amtrak

Examples of corporations.

Agriculture, State, Treasury, War

Examples of departments.

Very invasive

What is the vetting process?

Holds

A procedure allowing Senators to prevent a motion from reaching the floor.

Who has to come from the majority party when ordering a hold?

Senators

Recess appointments

A way the executive gets around Senate appointment power.

Pro Forma Session

Used to avoid prez power of recess appointments.

Czars

Leading a task force to solve an issue.

Do agencies rules have force of law?

Yes

Congressional Review Act (1996)

This act governs the agency regulation process.

Administrative Procedure Act (1946)

This act governs agency standards.

EPA v. Chevron (1984) and Loper v. Raimando

Clashes over regulation in Court.

Regulatory review is done by what office?

Office of Information and Regulatory Affairs

Judiciary Act of 1789

Established the three-tier court system.

Judicial independence

Insulating judges from the need to be accountable to voters or elected officials.

Who determines the establishment and jurisdiction of the lower courts?

Congress

District - Appellate - Supreme Court

Structure of the three-tier judicial court system.

District Court

Lowest level of federal courts.

Appellate Court

Reviews decisions of lower courts.

Supreme Court

The highest federal court in the United States.

Life-term ("good behavior"), appointment over election, can't mess with pay

Ways of ensuring judicial independence.

"Case and controversy"

A requirement that courts may decide only cases in which an actual conflict between persons exists.

Supreme Court of the United States as a policy maker demonstrates what power.

Judicial review, judicial activism

Established by Marbury v. Madison. Idea that SCOTUS can rule legislation unconstitutional.

Judicial review

Using courts for political change.

Judicial activism

What was SCOTUS's original jurisdiction?

encompasses cases affecting ambassadors, other public ministers, and consuls, as well as cases where a state is a party.

SCOTUS as umpire

Regulates inter-branch conflict and federalism.

Youngstown v. Sawyer (1952)

President Truman discovered steel workers were planning a strike. He ordered Sec. of Commerce to nationalize steel mines and have the gov. run them. Truman couldn't because of the Supreme Court ruling that the president wasn't allowed to take possession of private property.

US v. Lopez

Gun Free School Zones Act exceeded Congress' authority to regulate interstate commerce.

Constitutional interpretation

A ruling of the Supreme Court that declares a law unconstitutional based on the Court's interpretation of the Constitution.

Statutory interpretation

The process by which courts interpret and apply legislation.

Regulating jurisdiction, impeachment, size/procedure/pay, amendments, senatorial "advice and consent"

Legislative checks on SCOTUS.

"Interest groups"

Any group trying to effect public policy.

Elitism

A theory of government and politics contending that an upper-class elite will hold most of the power.

Pluralism

A theory of government that holds that open, multiple, and competing groups can check the asserted power by any one group.

A capital of interests

Someone is always going to win/lose from the same decisions.

Resource differential

The uneven distribution or availability of resources.

Direct lobbying, coalition lobbying, grassroots lobbying, digital lobbying

Pressure group methods.

Direct lobbying

Calling/meeting with legislator.

2007 legislation

Legislation that banned most lobbyists from paying for meals, vacations, etc.

Coalition lobbying

Pulling together different groups to "make more noise".

Grassroots lobbying

Getting directly to the voters and putting pressure on electors at the voting base.

Grasstops lobbying

Using a prominent personality to endorse your issue position.

Electoral connection with interest groups

Fundraising ("bundling" contributions); advocacy campaigns; rating legislators (ex. NRA, Planned Parenthood).

1. Friendly/gettable politicians 2. Interest groups and congressional caucuses 3. Legislative subsidy - importance of information and analysis 4. Sub-governments (agencies, bureaucracy)

Factors that play into lobbying.

First Amendment, Federal regulation of Lobbying Act 1946, Lobby Disclosure Act 1995, Honest Leadership and Open Government Act 2007

Regulation on lobbying.

Defining and prohibiting abusive practices, registration requirements, disclosure requirements

General elements of regulations on lobbying.

Federal Regulation of Lobbying Act 1946

Public disclosure of lobbying activities (US v. Harriss (1954) weakened the law by limiting to only paid lobbyists).

Lobby Disclosure Act 1995

Broadened who counts as a lobbyist (minimally enforced).

Honest Leadership and Open Government Act 2007

Focused on ethics: stricter registration and disclosure requirements, no gifts or travel, revolving door limitations, campaign contribution disclosure requirements.

Foreign lobbying

No campaign contributions but other forms of lobbying allowed.

Public policy

What the government says and does about perceived problems.

1. Setting the agenda 2. Formulating policy 3. Adopting policy 4. Implementing policy

Stages of policy-making.

Agenda setting

Determining the list of subjects to which government officials are paying serious attention.

Policy entrepreneurs

Activists in or out of government who pull together a political majority on behalf of unorganized interests.

Visibility and public policy

When there's media attention (or scandal) legislators are more likely to do something.

Saliency

Why something gains attention at a particular time.

"Issue-attention cycle"

The pattern of problems quickly gathering attention but then failing to remain in the spotlight.

Policy incubation

Keeping a proposal alive while it picks up support, waits for a better climate, or consensus is built.

"Tyranny of the status quo"

If small groups get what they want out of the legislative process, they can also stop what they don't want, or at least try by claiming this phrase.

Policy windows

Points in time when the opportunity arises for an issue to come onto the policy agenda.

Legitimation

Process through which politics are viewed as "right and proper" by the public.

Executive primacy

President has preferential power on issues.

Congressional oversight

Power used by Congress to review the operations and budgets of executive departments and independent regulatory agencies.

Distributive, regulatory, redistributive

Types of domestic policies.

Distributive policies

Diffused costs and diffused benefits i.e. loans, military bases.

Earmarks

When Congress specifically directs agencies to fund particular projects in particular geographic areas under distributive policies.

Regulatory policies

Concentrated cost for diffused benefit. Used to restrict or change the behavior of certain individuals/groups.

Redistributive policy

Concentrated cost and concentrated benefit.

Reactive policymaking

Passing legislation in response to crisis, public outcry, or special attention provided.

What act plays a major role in structuring the budget process?

1974 Budget Act

The fiscal year for the federal government.

Oct 1 - Sept 30

President

Where does the budget process start?

Authorization-appropriation sequence

Congress first authorizes funding and then appropriates the spending of those funds every fiscal year.

1. Establish or continue federal agencies and programs 2. Define purposes, policies, and operations of programs 3. Recommend appropriation of funds

What happens during the budgeting authorization process?

Budget Committee

Who creates and proposes the budget resolution?