AP GOV UNIT 2 PT.1 TEST

Caucus

a group of like-minded people that gather to select respective leaders, set legislative agendas, developed legislation. Not officially part of the making process.

Power of the purse

the power to raise revenue (to tax), money can't be drawn from treasury without congressional approval, Congress has power to coin money

Advice and consent

allow senators to recommend or reject major presidential appointees such as cabinet secretaries or federal judges

Under the constitution, VP is the nonvoting…

President of the Senate

President Pro Tempore

• held by most senior member of majority party

• Takes over if VP is absent

• addressed by 25th amendment

Senate Majority Leader

• Chief legislature

• 1st the chair recognizes in debate

• determines which bills reach debate floor

Committee

conductors in debate mark up bills with provisions and additions; leadership is determined by majority political party

Standing committees

permanent committee focused on a particular policy area and Confirmation hearings for Presidential hearings

Joint committees

members of both houses that addressed a long-term issue or program

Select committee

temporarily handles a particular issue/investigation and determines of further congressional action is necessary

Conference committee

meets when a bill passed by both chambers on the same topic has variation in it's wording and attempt to reconcile those differences

House rules committee

• 435 members (elected every two years)

• Revenue bills must originate in the house

• decide rules for debate

• Can form a Committee of the Whole

Committee of the whole

a committee informed in the house to expedite debates on bills

Unanimous consent

senate procedure to bring bills to the floor for debate and vote

Bill’s sponsor

the member that introduces the bill assumes author authorship

germane

those directly related to the legislation under Constitution

riders

Non-germane amendments that are added to benefit a members own agenda to enhance the political chances of the bill

Omnibus Bill

multiple areas of law and /or addresses multiple programs

Pork barrel spending

Funding for a local project in a larger appropriation bill

Log Rolling

(combining several pieces of legislation into one bill to secure enough photos for passage) subject to clarification

Gridlock

a situation in which no congressional action on legislation can be taken due to lack of consensus

Delegate

a representative who sees themselves as an agent of those who elected them and will be on issues based on the interest of their constituents

Trustee

a representative who will vote on issues based on their OWN knowledge, beliefs, and judgment

Politico

uses a combination of trustee and delegate role conceptions

Gerrymandering

drawing of congressional districts with the intent to create undue advantage for a political party

Swing District

Those districts that can vote either way

Divided government

when one party controls the presidency and the other party controls at least one of the chambers of Congress

partisan voting

when members of congress vote based on their political party of affiliation

Lame Duck President

Outgoing politician or group politicians who continue to serve until the assumption of their elected successors

Fiscal policy

actions taken by Congress/ President to influence economic conditions and includes Keynesian and supply side positions

Expressed powers of congress

• Collect taxes

• COIN Money

• Regulate commerce with foreign nations

• Declare War

• raise/support army and navy

• Impeachment

16th amendment

Power to lay and collect taxes on income

17th amendment

the people of the state choose senator

18th amendment

prohibition

19th amendment

women right to vote

14th amendment

• Due process

• Equal Protection

• People Born In the US are US citizens

15th amendment

voting rights for men

25th amendment

order succession to the president (if President dies VP becomes President)

26th amendment

change voting age to 18

Supreme Court of the United States

• Highest court

• 9 Justice, meet in DC

• Limited original jurisdiction over some cases

• Appeals jurisdiction through certiorari process

The judiciary

• Constitutional: fundamental source of legal/gov authority and limits

• Statutory: laws created by Congress or state legislator

• Regulatory: administrative and regulatory laws created by executive agencies

• Common/case laws: laws based on judicial precedent

Litigants

• Plaintiff: Brings charges/sues

• Defendant/respondent: Answers charges

Counsel

• Prosecution: Gov lawyers accusing of criminal charges

• Public Defenders: gov paid lawyers for charged individuals

Judicial restraint

• Justices hold to precedent & defer to elected legislatures

• Stare Decisis (courts/judges should honor precedent)

• Apply the law, not determine the law

Judicial Activism

• Development of new legal principals to preserve fundamental principal

• conflicts with precedent and public policy

Warren Court

• Civil rights/liberties

• “most liberal court ever”

• Brown v board

Rehnquist and Roberts Courts

• Continues the conservative ideology

• Planned parenthood v casey, Citizens united v FEC

If a bill reaches the floor for debate and a member of the minority party opposes the bill, which of the following provides greater leverage to a senator than to a member of the House to block passage of the bill?

The Senate allows for unlimited floor debate that can hold up a vote, while the House has strict limits on debate.

Baker v Carr

Unequal representation of citizens in legislative districts is unconstitutional and may be reviewed by the courts.

the facts in Shaw v Reno

redistricting to create districts with a racial minority that comprises a majority of the district’s total population was challenge under the 14th amendment

the ruling in Shaw v Reno

Racial gerrymandering can violate the 14th amendment unless it achieve a compelling state interest

Which of the following causes of the constitution cause the Supreme Court have used when deciding the Marbury V Madison case

“The judicial power shall extend to all cases, in law and equity, arising under this constitution, the laws of the state, and treaties made”

When deciding Marbury v. Madison (1803), which of the following excerpts from The Federalist No. 51 could best be used to help Chief Justice John Marshall write the argument in favor of judicial review?

"But the great security against a gradual concentration of the several powers in the same department, consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others."

In response, many pro-life groups have organized to have the decision overturned. Which of the following represents an action that these groups are most likely to take to achieve their goal?

Become more actively involved in presidential campaigns so that presidential candidates will pledge to appoint justices who favor overturning Roe v. Wade.

On June 27, 1989, President George H.W. Bush called for the Flag Desecration Amendment, which would prohibit desecration of the American flag. Bush's comments were in response to the United States Supreme Court's 5—4 decision in Texas v. Johnson, which held that a state law banning desecration of the flag was in violation of the First Amendment. Which of the following explains why the president asked for a constitutional amendment to be passed?

A constitutional amendment would force the Supreme Court to accept the constitutionality of the anti-flag burning laws in subsequent cases.

President Eisenhower signed a proclamation mandating the use of Arkansas National Guard members and federal armed forces to enforce the decision in Brown v. Board. Which limitation on judicial power is demonstrated in this scenario?

State and local government can refuse to enforce Supreme Court decisions.

The Congress

• Powers defined in Article 1

• Senate and HOR

• Crafts legislation

• creates statutes

The house is designed to reflect

the will of the people

• has the power to impeach officers, create revenue, selects pres if no candidate wins electoral college

Senate

• 6 year term & no term limit

• Advice and Consent allows them to recommend or reject executive branch appointees

• ratifies international treaties

Expressed Powers

• powers not stated in the Constitution

• enumerated powers: power to tax, regulate interstate commerce, declare war

• Commerce Clause

27th amendment

members of Congress set their own salaries

Foreign affairs and the Military

• Congress oversees the military

• Congress determines $ spent on bases/has authority over base closing

Implied Powers

Necessary and Proper Clause (McCulloch v Maryland)

Gerrymandering

• “one man, one vote

• Baker v Carr (TN violates equal protection)

• Shaw v Reno (weird shaped districts)

Standing Committees in HOR

Rules, Ways and Means, Judiciary

Ways and Means committee

responsible for reviewing all bills that would raise or lower revenue

HOR judiciary committee

responsible for beginning the process for impeachment of federal officials

Senate Standing Committees

Armed services, Foreign Relations, Judiciary

Armed Services committee

oversees issues relating to the military and Department of Defense

Foreign Relations

• establish international policy

• evaluate treaties

• approves foreign policy appointments

Senate Judiciary committee

responsible for the initial steps in the confirmation of all federal judges

HOR Unique Powers

• revenue bills

• brings impeachment charges (tries)

Constitutional Structure (Judiciary Act of 1789)

• Set up S.C. Justices

• constitutional courts

  • District courts

  • Courts of Appeals

Federal Judges

• lifeterm

• Appointment (pres appoints w/ A&C from Senate)

• Senatorial Courtesy

• Blue slips

Writ of Certiorari

SCOTUS tells lower court to provide all resources for a case when petitioned for review

Amicus Curiae Brief (friend of the court)

used by interest groups with a interest in case, providing and additional legal perspective

Solicitor General

argues on behalf of U.S.

textualism

Plain text meaning (definition of terms)

Orginialism

Based on text, history, tradition, precedent

• original intent/meaning

Judicial Restraint

• justices hold to precedent

• Stare Decisis (courts/judges honor precedent)

Judicial Activism

• development of new legal principle to preserve fundamental principle

• conflicts w/ precedent

Judicial Review

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

discharge petition

can bring a bill out of a reluctent committee