Exam study guide 2 GOV 2305

Organization of Congress

Consists of the House of Representatives (435 members elected every two years), and the Senate (100 members, 2 per state, elected every 6 years)

House of Representatives

the lower house of Congress, consisting of a different number of representatives from each state, depending on population. They are elected every two years. Determined by population of regions.

U.S. Senate

The upper house of Congress, consisting of 100 people elected every 6 years. There are two senators per state. Elected 1/3 at a time

representation

the efforts of elected officials to look out for the interests of those who elect them

Goals of Representatives

to introduce bills and resolutions, offer amendments, and serve on committees in favor of their district they are representing.

Critiques of Representatives in Congress

slow and inefficient, compromised legislation, easy to stop legislation, compromises alter legislation, problem of interests, earmarks

Rules of Congress

Can not be punished for what they say in congress, can not be stopped while going to or coming from congress, can not take any other government jobs

Filibuster

A procedural practice in the Senate whereby a senator refuses to relinquish the floor and thereby delays proceedings and prevents a vote on a controversial issue.

Cloture

A procedure for terminating debate, especially filibusters, in the Senate.

budget reconciliation

The process by which congressional committees are held to the spending targets specified in the budget resolution. During this process, the House and Senate Budget Committees combine the budgetary changes from all the legislative committees into an omnibus reconciliation bill to be approved by Congress.

Committee System

Members of Congress are assigned to committees to investigate the merits and problems with suggested bills, sometimes holding public hearings to learn more before sending it to the full House or Senate for debate and a vote.

Purpose of Committees

committees help ease the workload and are the key power centers in congress

Types of committees

standing, select, joint, conference

standing committee

A permanent committee established in a legislature, usually focusing on a policy area

select committee

A temporary legislative committee established for a limited time period and for a special purpose.

joint committee

A committee composed of members of both the House of Representatives and the Senate; such committees oversee the Library of Congress and conduct investigations.

conference committee

Committee appointed by the presiding officers of each chamber to adjust differences on a particular bill passed by each in different form.

Senate Committees

Appropriations: Federal discretionary spending

Budget: Oversight of government agencies and spending.

Finance: Similar to HR Ways and Means

Foreign Relations: Policy debates and treaty votes

Judiciary: Judges and justices are debated and possibly confirmed

House of Representatives

-Rules Appropriations and Ways

-Specific Policy Areas

-"housekeeping"

Bills

a draft of a proposed law being considered by a legislature

Laws

society's values and standards that are enforceable in the courts

bill sponsor

the legislator who proposes that a bill be considered by his or her chamber

bill rules

for bill to pass = at least 50% vote in each chamber (must be identical form before goes to pres.), so if bill only passes 1 chamber it dies. If versions from each chamber have MINOR diffs = goes to each chamber for revisions. MAJOR diffs = conference committee appointed

Bill process

Working in committees; debating on the floor; voting on a bill by both houses; signing the bill into law by President or Governor

Bill Process in Senate

- requests for debate limits and amendment restrictions require unanimous consent of senate

- important bills subject to roll-call votes

Bill process in House

- house votes to accept rules

Committee of the whole is formed

- debates bill, recommends amendments

- quorum for committee

- members must publicly state votes in roll-call vote

Criticisms on bill process

takes a very long time, many bills never get voted on

Executive under Articles of Confederation

No president, Congress would be executive, states had weak executives, Congress lacked speed in foreign affairs

Federalist 70

Alexander Hamilton 1788; small states want plural executive. He thought there should be a single Executive because it would be more stable and easier for the people to keep up with. Energy and executive, duration of term, unity

Presidential eligibility

Must be at least 35 years old, a natural-born citizen of the US, and a resident for at least 14 years.

Commander in Chief

The role of the president as supreme commander of the military forces of the United States and of the state National Guard units when they are called into federal service

22nd Amendment

limits president to two terms

Veto

The power of the President to refuse to approve a bill or joint resolution and thus prevent its enactment into law is the veto. The president has ten days (excluding Sundays) to sign a bill passed by Congress.

Electoral College

A group of people named by each state legislature to select the president and vice president

Federalist 68

1. Hamilton defends the process for selecting the president.

2. He argues that the system of an electoral college ensures that "the sense of the people."

Impeachment

1. House passes articles of impeachment by majority

2. Senate tries and 2/3 must convict

Executive Privilege

The power to keep executive communications confidential, especially if they relate to national security.

Executive Orders

Formal orders issued by the president to direct action by the federal bureaucracy.

United States v. Nixon

The 1974 case in which the Supreme Court unanimously held that the doctrine of executive privilege was implicit in the Constitution but could not be extended to protect documents relevant to criminal prosecutions

Oath of Office

Oath taken by the president on the day he takes office, pledging to "faithfully execute" the office and "preserve, protect, and defend" the constitution

Discretionary Powers

powers the president assumes, giving him greater authority and flexibility in performing the duties of office

Federalist 78

written by Alexander Hamilton; talks about the federal judiciary; judiciary must depend on other two branches to uphold its decisions

Brutus 11

Says that the supreme court is not tied to the words of the constitution. The court would destroy state governments and always side with the national government in a federal-state conflict.

Federal Court System

The three-tiered structure of federal courts, comprising U.S. district courts, U.S. courts of appeal, and the U.S. Supreme Court.

State Court System

A state judicial structure. Most states have at least three court levels: trial courts, appellate courts, and a state supreme court.

District courts

the lowest federal courts; federal trials can be held only here

Trial court

the first court to hear a criminal or civil case

Appeals

to take a case to a higher court for a rehearing

Circuit Courts

Intermediate federal appellate courts. Cover 13 "circuits" across America. Hear appeals from District Courts in their jurisdiction.

Selection of Judges

they are nominated by the president and approved by the senate

U.S. Court of Appeals for the Federal Circuit

A U.S. Court of Appeals in Washington DC, that has special appellate jurisdiction to review the decisions of the Court of Federal Claims, the Patent and Trademark Office, and the Court of International Trade.

Circuit splits

different interpretations of same federal law by two or more Circuit Courts

Judiciary Branch and the Constitution

One of the three branches of government, the judiciary interprets laws. The highest authority in the judiciary is the Supreme Court, which determines the constitutionality of laws.

Judicial Review

The power of the courts to declare laws unconstitutional

Judicial activism

An interpretation of the U.S. constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial decisions (particularly decisions of the Supreme Court)

Dred Scott v. Sanford

Supreme Court case that decided US Congress did not have the power to prohibit slavery in federal territories and slaves, as private property, could not be taken away without due process - basically slaves would remain slaves in non-slave states and slaves could not sue because they were not citizens

Lochner v. New York

Supreme Court case that decided against setting up an 8 hour work day for bakers

Marbury v. Madison

This case establishes the Supreme Court's power of Judicial Review

Originalism

A view that the Constitution should be interpreted according to the original intentions or original meaning of the Framers. Many conservatives support this view.

Textualism

An approach to interpreting the Constitution that relies on a literal, "plain words" reading of the document

Living Constitution

A way of interpreting the Constitution that takes into account evolving national attitudes and circumstances rather than the text alone.

SCOTUS

The highest court in the federal judiciary specifically created by the Constitution. It is composed of nine justices and has appellate jurisdiction over lower federal courts and the highest state courts. It also possesses a limited original jurisdiction.

Appointments

senate approves presidents appointments by majority vote, Appointment of a cabinet officer or someone of high importance is rarely turned down

Decision

are binding on every federal court

Stare decisis

Let the decision stand; decisions are based on precedents from previous cases

rule of law

principle that the law applies to everyone, even those who govern

reversals

if higher court rules precedent was departed from by lower court

writ of certiorari

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

opinions

An explanation of the decision of the Supreme Court or any other appellate court.

amicus curiae

a brief submitted by a "friend of the court"

checks on power

a system of checks and balances to ensure limited power in government; executive can veto/pass laws, appoint justices, legislative and make laws, impeach executive and override veto, judicial can enforce laws and declare laws unconstitutional.

Cases

SCOTUS choose cases from the lower federal and state courts

- 6-7 thousand cases appeals annually

- Choose to hear 80-100 cases to hear

Typical cases involving civil liberties

- The environment

- Govt/Business relationship