Congress and Presidency: Structures, Powers, and Policy-Making

What type of legislature is Congress?

Bicameral legislature

How many representatives does each state have in the Senate?

Two representatives

What is the minimum age requirement to serve in the Senate?

At least 30 years old

What is the term length for a Senator?

Six years

How is representation determined in the House of Representatives?

By population of each state

What is the minimum age requirement to serve in the House of Representatives?

At least 25 years old

What is the term length for a member of the House of Representatives?

Two years

What is the total number of representatives in the House?

Capped at 435

What powers are explicitly stated in the Constitution for Congress?

Enumerated powers

What is one enumerated power of Congress?

Power to declare war

What clause allows Congress to exercise implied powers?

Necessary and Proper Clause

Who is the leader of the House of Representatives?

Speaker of the House

What role does the President of the Senate serve?

Non-voting member who breaks ties

What is the purpose of committees in Congress?

To debate and draft legislation

What is a standing committee?

A committee that remains from session to session

What is a joint committee?

A committee with members from both the House and Senate

What is a discharge petition?

A majority vote to bring a bill out of committee to the floor

What is a filibuster?

An attempt to stall a bill by prolonged debate

What is the cloture rule?

A move to end a filibuster requiring a three-fifths vote

What is logrolling?

A practice where representatives agree to vote for each other's bills

What is mandatory spending?

Money allocated by law for programs like Medicare

What is discretionary spending?

Remaining funds after mandatory spending, often for government operations

What is divided government?

When different parties control the presidency and Congress

What is the delegate model of representation?

A representative votes according to the will of the people

What is the trustee model of representation?

A representative votes according to their conscience, even against public opinion

What is the role of the House Rules Committee?

Acts as a gatekeeper for legislation and assigns bills to committees

What is the Committee of the Whole?

A procedural move that allows relaxed rules for debate in the House

What is the politico model of representation?

A hybrid model where the representative acts as a delegate on issues that constituents feel strongly about and as a trustee in other situations.

What is redistricting?

The process of redrawing congressional districts every 10 years based on census data to reflect current population numbers.

What was the significance of Baker v. Carr?

It addressed improper redistricting in Tennessee, leading to the one-person-one-vote principle and ensuring equal voting power.

What was the outcome of Baker v. Carr?

The Supreme Court ruled that redistricting must ensure that every person's vote is equally powerful, violating the equal protection clause otherwise.

What is gerrymandering?

The practice of drawing districts to benefit one party or group over another.

What is partisan gerrymandering?

Redrawing districts to favor one political party over another.

What was the case Shaw v. Reno about?

It involved North Carolina's creation of majority black districts, deemed unconstitutional for being based solely on race.

What did the Supreme Court rule in Shaw v. Reno?

The Court ruled that districts drawn based solely on race violated the Equal Protection Clause.

What is the Equal Protection Clause?

A clause in the Fourteenth Amendment that prohibits states from denying any person equal protection under the law.

What are formal powers of the President?

Powers explicitly granted to the executive in Article II of the Constitution, such as veto power and being Commander in Chief.

What is a pocket veto?

A veto that occurs when the President does not sign a bill within 10 days, effectively killing it.

What are informal powers of the President?

Powers not explicitly mentioned in the Constitution, arising from the nature of executive power, such as bargaining and executive orders.

What is an executive order?

A directive from the President that has the force of law but is not a formal law.

What is a signing statement?

An additional statement from the President when signing a bill, explaining how they interpret the law.

What is an executive agreement?

An agreement between the President and another head of state that is not a formal treaty.

What creates tension between the President and Congress?

The Senate's power of Advice and Consent over presidential appointments can lead to confrontations.

What role does the Senate play in presidential appointments?

The Senate must approve many presidential appointments, including ambassadors and cabinet members.

What is the significance of the one-person-one-vote doctrine?

It ensures that all votes carry equal weight, fundamentally altering political representation in the U.S.

How has presidential power changed over time?

Presidential power has expanded significantly, with Presidents interpreting and justifying their formal and informal powers in various ways.

What is the main argument of Federalist 70 by Alexander Hamilton?

Hamilton argues for a single executive to ensure decisive action and accountability.

What does Hamilton believe is necessary for a good government?

Energy in the executive is a leading character in the definition of a good government.

How did Andrew Jackson expand executive power?

He believed he had a mandate to carry out the people's will and used many vetoes.

What significant action did Abraham Lincoln take regarding executive power?

He expanded executive power to save the union and suspended habeas corpus.

How did FDR utilize executive power during the Great Depression?

He instituted the New Deal program and attempted court-packing to influence the Supreme Court.

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

It is a constitutional requirement for the president to recommend measures to Congress.

What is the 'bully pulpit'?

A term coined by Teddy Roosevelt referring to the president's platform to influence public opinion.

What role does the Supreme Court play in the federal court system?

It is the only court established by the Constitution and has both original and appellate jurisdiction.

What is judicial review?

The power of the court to rule on the constitutionality of laws.

What case established the precedent of judicial review?

Marbury v. Madison.

What is the significance of lifetime appointments for federal judges?

They insulate judges from political pressure, allowing for impartial constitutional interpretations.

What was the Judiciary Act of 1789?

It established the structure and jurisdiction of lower federal courts.

What is the difference between original jurisdiction and appellate jurisdiction?

Original jurisdiction allows a court to hear a case for the first time, while appellate jurisdiction involves appeals from lower courts.

How many federal district courts are there in the United States?

There are 94 federal district courts.

What happens if someone breaks federal law?

They first go to district court, then can appeal to the court of appeals, and finally to the Supreme Court.

What did Hamilton argue in Federalist 78 regarding the judicial branch?

He argued for the independence of the judicial branch and the necessity of lifetime appointments.

What is the role of the president in the federal judiciary appointment process?

The president appoints judges, who are then confirmed by the Senate.

What was the outcome of the Marbury v. Madison case?

The Supreme Court ruled that it did not have the authority to grant the writ of mandamus due to a conflict with the Constitution.

What does the 22nd Amendment establish?

It limits presidential terms to two four-year terms.

How did communication technology change the president's relationship with the public?

It allowed for direct communication, such as through social media, bypassing traditional media filters.

What was the impact of FDR's fireside chats?

They allowed FDR to communicate directly with Americans about his policies and programs.

How did television affect presidential communication?

Presidents had to appear visually appealing and articulate, impacting public perception.

What is the significance of the phrase 'a feeble executive implies a feeble execution of the government'?

It emphasizes the need for a strong, decisive executive to effectively govern.

What can happen if power is abused by multiple executives?

It can be difficult to determine accountability and hold the right executive responsible.

What is the relationship between judicial review and legislative power?

Judicial review serves as a check on legislative power, ensuring laws comply with the Constitution.

What did Hamilton argue about unconstitutional laws?

He stated that unconstitutional laws are null and void and cannot be enforced.

What case established the principle of judicial review?

Marbury v. Madison

What does 'stare decisis' mean?

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

What is the difference between loose constructionism and strict constructionism?

Loose constructionism views the Constitution as a living document, while strict constructionism interprets it literally.

What landmark case overturned Plessy v. Ferguson?

Brown v. Board of Education

What is judicial activism?

When courts establish policy and consider the broader societal effects of their decisions.

What is judicial restraint?

The belief that judges should not make policy and should only strike down laws that violate the Constitution.

What was the outcome of Dred Scott v. Sanford?

The court ruled that Scott had no right to sue because slaves were not considered citizens.

What was the ruling in Korematsu v. United States?

The court upheld the internment of Japanese Americans during WWII, citing national security.

How can Congress limit the power of the Supreme Court?

By passing laws that modify the impact of prior decisions or through constitutional amendments.

What is the role of the federal bureaucracy?

To carry out the responsibilities of the federal government under the authority of the executive branch.

What are the main components of the federal bureaucracy?

Cabinet departments, agencies, independent regulatory commissions, and government corporations.

What is delegated discretionary authority?

The power given to bureaucracies to enforce laws and make rules within their area of expertise.

What is the purpose of the Pendleton Civil Service Act?

To create a merit-based system for hiring in the bureaucracy, replacing the spoils system.

What does the Department of Homeland Security do?

Protects Americans from terrorism and manages border security.

What is the function of the Environmental Protection Agency?

To protect the environment and human health through regulations.

How does Congress exercise oversight of the executive branch?

Through committee hearings and the power of the purse, controlling agency funding.

What is the significance of the Budget and Impoundment Control Act?

It increased Congress's power over budgetary decisions, limiting the president's control.

What is compliance monitoring in the context of bureaucracies?

The process by which bureaucracies ensure that their regulations are being followed.

What is the Iron Triangle?

The relationship between bureaucracies, congressional committees, and interest groups.

What is the role of the IRS?

To collect taxes and enforce tax laws as part of the Department of Treasury's goals.

What is the purpose of independent regulatory commissions?

To regulate specific aspects of society while operating somewhat independently from the president.

What is an example of a government corporation?

The United States Postal Service, which provides postal services to the public.

What are the implications of judicial decisions on public policy?

Judicial decisions can establish precedents that affect laws and societal norms.

How do presidents influence the bureaucracy?

By appointing agency heads and issuing executive orders to align agencies with their policy goals.

What is the relationship between the Supreme Court and the Constitution?

The Supreme Court interprets the Constitution and can declare laws unconstitutional.

What is the impact of ideological makeup on the Supreme Court?

The ideological leanings of justices can influence court rulings and the interpretation of laws.