U.S. Congress, Presidency, and Supreme Court: Key Concepts and Powers

What is the senate's job

Passing laws, ratifying treaties, and confirming presidential appointments

What do the party whips do?

directs the support of members of their party for the party's programs and objectives

What is the president of senate's job?

To call on members to speak, put questions to a vote, and to end a tie by voting.

Who is the President Pro Tempore?

The most senior member of the majority party, who presides over the Senate in the absence of the Vice President.

What is a standing committee?

permanent committee that focuses on specific subject areas (e.g. Education and the Workforce Committee)

What is a joint committee?

a committee made up of members of both chambers of a bicameral legislature

What is a select committee?

a small legislative committee appointed for a special purpose.

What is a conference committee?

a committee of the United States Congress appointed by the House of Representatives and Senate to resolve disagreements on a particular bill

What does Germaine mean?

Something relevant or appropriate, particularly in the context of amendments to legislation in the House of Representatives

What is the Rules Committee?

a legislative committee responsible for expediting the passage of bills.

What is a discharge petition?

a device by which any member of the House, after a committee has had the bill for 30 days, may petition to have it brought to the floor

What is Republicanism?

A political ideology centered on the concept of a republic, where representatives are elected to govern on behalf of the people.

What is Bicameralism?

The practice of having two legislative chambers, typically a House and a Senate.

What are the requirements for admission to the House of Representatives?

Members must be at least 25 years old, have been a citizen for at least 7 years, and reside in the state they represent.

What is a Continuous Body?

A legislative body that is never entirely dissolved, with staggered terms for its members.

What are Enumerated and Implied powers?

Enumerated powers are explicitly stated in the Constitution, while implied powers are not directly stated but are necessary to implement the enumerated powers.

What is the role of the Speaker of the House?

The Speaker presides over the House of Representatives, managing its proceedings and representing it in official capacities.

What is the function of Committees in Congress?

Committees are responsible for reviewing legislation, conducting hearings, and overseeing government functions.

What is a Filibuster?

A tactic used in the Senate to delay or block legislative action by extending debate.

What is Cloture?

A procedure used to end a filibuster and bring a bill to a vote, requiring a supermajority of 60 votes.

Mandatory V. Discretionary spending

Mandatory is required spending by the federal Gov. Discretionary is state-to-state non essential spending.

What is Pork Barrel Legislation?

Legislation that allocates government spending for localized projects, often used to gain favor with constituents.

What is Logrolling?

The practice of exchanging favors, especially in politics, by reciprocal voting for each other's proposed legislation.

Partisan

a strong supporter of a party, cause, or person

Bipartisan

supported by two parties (like the Epstein stuff)

Gridlock

A situation in which government is incapable of acting on important issues, mostly from disagreements

Lame duck

Someone who is at the end of their elected term and has already had their successor decided

What is the delegate model of representation

a model of representation in which representatives feel compelled to act on the specific stated wishes of their constituents

What is the trustee model of representation?

a model of representation in which representatives feel at liberty to act in the way they believe is best for their constituents

What is the politico model of representation?

Representatives vote on a mixture of conscience and constituent views.

Baker V. Carr

Established Gerrymandering (ie one person one vote)

Shaw V. Reno

No racial Gerrymandering regardless of who it benifits

What is Gerrymandering?

The manipulation of electoral district boundaries to favor a particular political party or group.

What are Informal presidential powers

The powers not explicitly given to the president, but are relevant.

What are some of the Informal powers of the president

National figure-head, crisis manager (rally effect), agenda-setter (bully pulpit), diplomat-in-chief (executive agreements)

What are formal presidential powers

Powers explicitly granted to the president by the Constitution.

What are some formal presidential powers

Being Commander-in-Chief, veto legislation passed by Congress, make treaties and appoint judges and other officials with Senate approval, grant pardons and reprieves

What is the presidential cabinet

Organization of heads of executive departments that act as advisory body to president (DOJ, DOA, ETC)

Policy Agenda

The issues that attract the serious attention of public officials and other people actively involved in politics at the time.

Veto and Pocket veto

a constitutional right to reject a decision or proposal made by a law-making body.

Foreign policy

A nation's overall plan for dealing with other nations

Executive order

A rule issued by the president that has the force of law but isn't

Signing Statements

occasional written comments attached to a bill signed by the president

Bargaining

seeking an agreement to a conflict through direct negotiation between parties

Persuasion

A kind of speaking or writing that is intended to influence people's actions.

Executive Agreements

Agreements with other countries that do not need senate approval

What is the significance of the 22nd Amendment?

It limits the President to two terms in office.

What is the Bully Pulpit?

The President's use of their platform to advocate for policy and influence public opinion.

What is Judicial Activism?

The philosophy that the courts should take an active role in policy-making and protect individual rights.

What is the difference between Originalism and Loose Constructionism?

Originalism interprets the Constitution based on its original meaning, while Loose Constructionism allows for broader interpretations.

What are Iron Triangles?

Stable relationships between interest groups, bureaucratic agencies, and congressional committees that influence policy-making.

What is the role of the Senate Judiciary Committee?

It reviews judicial nominations and conducts hearings on judicial appointments.

What is the significance of the Necessary and Proper Clause?

It grants Congress the authority to pass all laws necessary and proper for carrying out its enumerated powers.

What does the Supremacy Clause establish?

It establishes that federal law takes precedence over state laws when there is a conflict.

What power does the Senate have regarding presidential nominations?

The Senate has the power to confirm presidential nominations.

What types of positions can the President nominate individuals for?

The President can nominate ambassadors, cabinet members, and federal court judges.

Which Senate committee is primarily responsible for handling judicial nominations?

The Senate Judiciary Committee.

What is the role of staffers in the context of Senate nominations?

Staffers assist senators in the nomination process, including research and communication.

What is the role of the Senate Judiciary Committee in federal court appointments?

The Senate Judiciary Committee reviews and evaluates nominees for federal judgeships before they are confirmed by the Senate.

What does the 22nd Amendment establish?

The 22nd Amendment limits the President of the United States to two terms in office.

What is the significance of the State of the Union Address?

The State of the Union Address is an annual speech by the President to Congress, outlining the administration's agenda and priorities.

What is meant by 'The Bully Pulpit'?

'The Bully Pulpit' refers to the President's platform to advocate for policies and influence public opinion.

What was the outcome of Marbury v. Madison?

Marbury v. Madison established the principle of judicial review, allowing the Supreme Court to declare laws unconstitutional.

What are the two types of jurisdiction in the federal court system?

Original jurisdiction, which is the authority to hear a case for the first time, and appellate jurisdiction, which is the authority to review decisions made by lower courts.

What is a Writ of Mandamus?

A Writ of Mandamus is a court order compelling a government official to perform a duty that they are legally obligated to complete.

What did the Judiciary Act of 1789 establish?

The Judiciary Act of 1789 established the federal judiciary system, including the Supreme Court and lower federal courts.

What are District Courts?

District Courts are the general trial courts of the federal court system, where most federal cases begin.

What is the difference between formal and informal power in the context of the presidency?

Formal power refers to the explicit authority granted by the Constitution or law, while informal power refers to the influence and authority derived from personal relationships, public opinion, and political skills.

How have technology developments impacted presidential communication?

Technology developments have enhanced the speed and reach of presidential communication, allowing for direct engagement with the public through social media and other platforms.

Appeals Courts

Courts that hear appeals from lower court decisions.

Supreme Court

The highest court in the judicial system.

Stare Decisis

The legal principle of determining points in litigation according to precedent.

Amicus Curiae Briefs

Documents submitted by non-litigants to advise the court on a matter of law.

Writ of Certiorari

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

Per Curiam Opinion

An opinion issued in the name of the Court rather than specific judges.

Majority Opinion

The opinion that represents the views of more than half of the judges deciding a case.

Concurring Opinion

An opinion that agrees with the majority opinion but offers different reasoning.

Minority Opinion

An opinion that expresses disagreement with the majority opinion.

Judicial Activism

A judicial philosophy that advocates for the active role of the judiciary in shaping policy.

Judicial Restraint

A judicial philosophy that encourages judges to limit their own power and defer to the elected branches of government.

What is Loose Constructionism?

A legal philosophy that interprets the Constitution in a flexible manner, allowing for broader interpretations of its text.

What is Originalism?

A legal philosophy that interprets the Constitution based on the original understanding and intent of its framers.

What are the Powers to check the Court's authority?

Mechanisms such as judicial review, legislative amendments, and executive actions that can limit or influence the decisions of the judiciary.

What is Bureaucracy in the context of government?

A system of government in which most decisions are made by state officials rather than by elected representatives.

What is the Patronage system?

A political system where government jobs and favors are given to supporters and loyalists, often in exchange for political support.

What is the merit system?

A system of hiring and promoting government employees based on their qualifications and performance rather than political connections.

What are executive departments?

Major administrative units of the government responsible for specific areas of public policy, government function, or service delivery.

What are department agencies?

Agencies that operate under executive departments, focusing on specific tasks or functions within the department's broader mission.

What are executive agencies?

Agencies that are part of the executive branch and are responsible for carrying out government policies and regulations.

What are independent regulatory commissions?

Federal agencies created by Congress to regulate specific areas of the economy, independent from the executive departments.

What are government corporations?

Government corporations are entities created by Congress to provide public services that could be provided by the private sector, often with more flexibility.

What is delegated discretionary authority?

Delegated discretionary authority refers to the power given to bureaucratic agencies by Congress to make decisions and implement policies within certain guidelines.

What is compliance monitoring in the context of government agencies?

Compliance monitoring is the process by which government agencies ensure that individuals and organizations adhere to laws and regulations.

What are Iron Triangles?

Iron Triangles are stable relationships and patterns of interaction between bureaucratic agencies, interest groups, and congressional committees that benefit all parties involved.

What role do interest groups play in the government?

Interest groups advocate for specific issues and influence policy decisions by lobbying government officials and providing information to bureaucratic agencies.

How do congressional committees interact with bureaucratic agencies?

Congressional committees oversee bureaucratic agencies, review their activities, and can influence their funding and policies through legislation.

What is meant by 'administrative discretion'?

The ability of government agencies to make choices within the framework of the law.

Name one department that operates under administrative discretion.

Department of Homeland Security

Which department is responsible for veterans' services?

Department of Veterans Affairs

What is the role of the Department of Education?

To oversee education policy and programs in the United States.