AP gov and pol unit 2

which article in the constitution describes the power of congress; how was representation in congress debated?

article I, describes congress’s power more and is longer than the other branches because it was largely debated on through the KY and NJ plan, resolved by the Great Compromise

how many members are in the house of rep., how long are their terms, and who do they represent?

435 members, at least 1 rep per state; 2 years; individual districts in the state

what is the house of rep. responsibilities; (lower chamber) (3)

1. more directly connected to the people

2. start revenue deals

3. can impeach federal officials

who’s the important people in the house of rep.; what do they do (2)?

the speaker; 2nd in line from president

1. influence house rules

2. in charge of the calendar (what bills are debated and when that occurs)

how many members are in the senate., how long are their terms, and who do they represent?

100 senators, 6 years (⅓ of senate gets reelected, ⅔ remains in office); the whole state

what are the senate responsibilities?; (upper chamber) (4)

1. represents the state’s interest

2. confirm appointments

3. ratify treaties

4. hold impeachment trials/verify it

who is the leader of the senates and what do they do (2)?

the vice president

1. presides over senate sessions

2. cast tie-breaking vote if chamber is split 50-50

if the VP isn’t present, who will reside over the chamber?

the president pro-tempore will reside over the chamber; 3rd in line from president

how is the president pro-tempore chosen?

held by a member of majority with the longest continuous service in the senate

what do party whips do? (4)

1. count votes before important legislation

2. “whip” party members into line; persuade them to support the party’s opposition

3. make sure members show up for vote

4. communicate party strategy and keep leaders informed on where members stand

what is the responsibility of the majority whips (both chambers)? (3)

majority leaders…

1. sets the daily agenda decides what bills come up for debate/vote

2. serves as the chief spokesperson for the majority party

3. coordinates strategy with committee chairs and party members

what is the responsibility of the minority whips? (3)

1. leads the opposition party

2. works to promote their party’s policy

3. negotiate with majority

incumbency

running for reelection

incumbency advantage

held by those already in office who are trying to fend of challengers in an election

congress’s law making includes what kind of powers? (3)

1. enumerated power

2. authorization to legislate economic and foreign policy, national security, and other policies

3. setting federal budget

mandatory spending

spending required by law of rules; no voting needed; ex) SS, medicare medicaid, etc; takes up ⅔ of budget

discretionary spending

expenditures that are negotiated and decided annually through the budget progress; approved by congress each year; optional part of fiscal policy; ex) military spending, national defense, etc

earmark

a specific allocation of funds or resources for a particular purpose

why are earmarks controversial; how does it lead to pork barrel spending?

because the use of government funds for projects designed to please voters of legislatures and win votes for reelection

logrolling

the practice of exchange favors by reciprocal voting for each other’s proposed legislation

oversight

efforts by congress to ensure that executive branch agencies, bureaus, and cabinet departments, as well as their officials, are acting legally and in accordance with congressional goals

partisan

partisan strong supporter of a party, cause, or person

constituencies

body of voters in a specified area who elect a representative or senator

reapportionment

the practice of redistributing congressional seats; it determines how many representatives each state will have

reapportionment act of 1929

it kept the house to 435, but could be redistributed among the state as populations changed; the census issues a report but both congress and president must approve the plan

redistricting

once seat has been reapportioned, the district lines must be redrawn

justiciable

if the court can carry on the issue

what does “one person one vote” mean?

a principle that means that every person’s vote should carry roughly the same political weight

bill

a draft of proposed law

what in federalist 51, ensures why we need lots of checkpoints to pass a law?

checks and balances ensure that a branch doesn’t have too much power when legislating a law, making sure it isn’t unlawful but constitutional.

what are the 7 steps in order, for a bill to become a law?

1. introduction to bills

2. committee review

3. markup

4. floor debate & vote

5. conference committee

6. presidential action

7. veto override

which is the only step for a bill to become a law, allows primarily the president to have say?

step 6, presidential action

step 1: introduction of bill

it can be introduced in either the house of rep or senate; it’s assigned a bill no. and referred to the appropriate committee (determined by the bill’s content) for consideration

step 2: committee review

in committee, the bill is reviewed, amended and often undergoes hearings where experts and stakeholders provide input. if the committee approves the bill it’s sent back to the full chamber for further consideration. if not, it may be tabled or amended

step 3: markup

markup is when committee members revise and edit a bill; add/revise language, change details, compromise, weaken or strengthen a bill → to make it passable.

step 4: floor debate and vote

the bill is debated on the floor of the chamber where it was introduced. members of the chamber vote on the bill. If it passes, it moves to the other chamber for consideration. bicameralism at work here; because congress is bicameral, the house and senate must pass the exact same version of the bill

step 5: conference committee

if the house and senate pass different versions of a bill members from both chambers may meet in a conference committee. their job is to create one final version, then both chambers vote again

step 6: presidential action

once congress passes a bill, it goes to the president he can sign it (becomes law), veto it (goes back to congress), take no action (it may become law after 10 days if congress is in session), pocket veto (if congress adjourns within 10 days and the president doesn’t sign, the bill dies)

step 7: veto override

congress can override a presidential veto, to override congress needs: ⅔ vote in the house and senate. if both chambers override, the bill becomes law without the president's approval

committees

groups of members inside congress, with specific expertise; divided into smaller groups to veto legislation, conduct oversight, and inform the public

what are the 4 types of committees?

1. standing committee

2. select committee

3. joint committee

4. conference committee

standing committee

permanent body with specific legislative responsibilities; evaluate, pass, or kill bill

select committee

temporary body; no legislative authority but to investigate specific issues for limited time

joint comittee

both house and senate; deals with interest of both chambers than consider legistlation; limited jurisdiction

conference comittee

temporary body; both house and senate passes different or same version of bill; formed to achieve agreement on exact bill to pass

fillibuster

a political procedure where one or more lawmakers prolong debate to delay or entirely prevent a vote on a bill, nomination, or resolution

qualification for presidents (5)

1. president

2. 4 years per term; up to 2 terms

3. elected through popular and electoral vote

4. must be natural-born citizen with 14 year residency

which article grants executive power?

article ii

article ii grants what presidential power? (4)

1. veto power reject law passed by congress

2. state of the union address (sotu) set legislative agenda

3. pardon power reprieve/forgive federal crimes

4. other powers making appointments (SC justice) and executive branch (cabinent, head of dept, etc) with senate’s approval

how does state of union address (sotu) work?

the president’s annual address to congress in which they explain the current condition of the country, highlight accomplishments, outline priorities, and ask congress to pass specific legislation

what article grants the state of union address?

article ii, section 3

state of union purpose includes (5)

1. agenda setting

2. bully pulpit

3. legislative leadership

4. checks and balances

5. public opinion

agenda setting

president cannot simply make laws so the president convince congress and the public what issues deserve attention

bully pulpit

the speech demonstrates the president’s ability to use the office/platform to persuade the public and pressure congress

legislative leadership

although congress write laws, president often propose policies during the sotu

checks and balances in sotu

this speech reminds us that the president cannot accomplish these goals alone

public opinion in sotu

millions of Americans watch the address, so it also a political communication strategy

what does a good government needs “executive energy” mean to hamilton?

a good government needs an executive who can act quickly, decisively, and effectively 

what is the purpose of federalist 70?

hamilton believed the presidency needed energy to protect the nation and enforce the law to have governmental effectiveness

what is listed in federalist 70? (3)

1. defend the constitution

1. explain why executive power should be placed in one president

2. argues against a weak or divided executive

what are hamilton’s ingredient for executive energy (4)?

1. unity

2. duration

3. adequate support

4. competent powers

what does hamilton mean by unity and why does it matter?

unity means only one president instead of group; single leader can make quick, decisive choice in national crisis → if powers were split to groups it can lead to arguments, delay vital action, and confuse public

what does hamilton mean by duration and why does it matter?

duration means giving the president a long enough term to remain stable and independent; allows president to accomplish goals, if short terms = focus on reelection and restricts them from giving into political pressure

what does hamilton mean by adequate support and why does it matter?

adequate support means providing the president with enough resources, reliable salary, and a steady budget to do their job properly; prevents pres. from being bribed or controlled by congress and without financial independence, a leader cannot properly execute their agenda or resist political blackmail

what does hamilton mean by competent powers and why does it matter?

competent powers means giving the pres. enough legal and constitutional authority (ex; veto and commander-in-chief powers) to fulfill their duties/goals; a leader needs the proper tools to enforce law and defend the nation and without these powers, the executive branch would be weak and easily be overpowered by the legislative branch

what branch has power of the purse and what does it mean?

the legislative branch (congress); they can control budgets such as war, public spending and taxaton

• can say no to president’s request or shorten budget

what branch has power of the sword and what does it mean— who is commander-in-chief?

executive branch (president); they can enforce laws, command the military, and maintain public order

how do we give presidents energy without giving them unlimited power?

through checks and balances by granting legislative and federal judiciary certain powers

how can the judicial branch check executive powers (4)?

1. ruling executive actions unconstitutional

2. interpreting laws differently from the president

3. limiting executive orders

4. requiring the executive branch to follow legal procedures

in what article, does it grant congress to limit presidential authority in military action and how?

article ii; congress can declare war and authorize use of military force

war powers resolution

a law passed over nixon veto’s that restricts the power of the president to maintain troops in combat for more than 60 days without congressional authorization

what does hostilities mean in regards to the war powers resolution?

hostilities are the nature of war or harm that threatens the US, american forces, and people

why does the war power resolution NOT create an effective check on the president’s power?

it can create a loophole because once hostilities stops yet begins again, it essentially leads to another 60 days of maintaining troops

how is the president checked on appointing federal judges?

the president must obtain majority approval in the Senate to confirm appointments to the federal judiciary, as well as cabinet secretary and head of many executive branch

who checks the president on ratification treaties?

the senate has to approve any treaties with a ⅔ vote (majority vote)

impeachment

a formal accusation of misconduct of public office

what needs to happen for the president to get impeached (2)?

1. only the house has the power to call for impeachment on elected officials

2. but the senate has control over trial and conviction where ⅔ majority of the senators present, is required for conviction and removal from trial

can a president still run for president after impeachment?

yes, they can still re-reun considering they have only served one-term even if they have a criminal record

how can low approval weaken the president’s agenda?

it can make congress less willing to cooperate, hurt the president's party in elections, reduce public trust and increase oversight pressure

how does election checks executive and legislative power?

election checks presidents by limiting presidents to 2 terms, allowing voters to remove the president’s party from power, changing congress during midterms

habeas corpus

a fundamental legal action or “writ” that requires the government to bring the detained person before a judge if their imprisonment is lawful

how can habeas corpus be suspended?

in case of wartime, rebellion, invasion

what article grants judiciary power?

article iii

judicial is considered to be the most ___ branch

pure

how is the judiciary branch structured? (3)

1. 9 justices, 1 chief and 8 associates

2. nominated by president and confirmed by senate

3. life tenure term during good behavior unless impeached/convicted, retired or dead

writ of certiorari

a formal order issued by higher court directing a lower court to send up the record of case for review (must go through lower courts before higher courts)

how does majority, concurring, and dissenting opinions differ?

1. majority is the official ruling of court (atl 5 out of 9 on SC)

2. concurring is agree on majority decision, but disagree with legal reasoning

3. dissent means disagreed with majority and voted against outcome

a dissent opinion has.. (2)

1. no set of law

2. a set precedent for lower court

*literally just means lower court follows majority; use common sense

why do judges have life tenements/tenure?

removes political pressure and influences, allowing them to make decision based on the law of the land (constitution); it removes them to seek reelection and they shouldn’t be subjectively based on their values, beliefs, or decisions (individuals just like us)

writs of mandamus

court order compelling a government official, agency or lower court to do their legal duty

judicial review

the power of courts to examine and invalidate government actions, laws, or regulation that violate constitutional principles or exceed legal authority

how does judicial review check congress?

it limits what type of laws and the power the legislative branch passes

what are the type of constitutional interpretations? (3)

1. textualism

2. originalism

3. living consituiton

textualism

judicial interpretation that focuses on the ordinary, plain meaning of the words written on the page, rejecting outside factors like legislative intent or modern social policy

originalism

judicial interpretation that focuses on its original public meaning or the intent of its drafters at the time it was written, ratified, and adoption

living constitution

asserts that the constitution is dynamic document whose meaning adapts and evolves to match the values, attitudes, and condition of modern society

what did hamilton say in federalist 78?

he said that the ability of the courts to pronounce legislative acts void as necessary to preserving the constitution (also maintains check and balances on legislative)