Study Guide Test 3 American Politics

How do the three branches of government keep each other in check?

A system in which each branch of government can "check" or control, the actions of the other branches. It keeps each branch from becoming too powerful

Which articles/sections of the Constitution deal with which branches of government?

Article I of the Constitution deals with the legislative branch (Congress), Article II with the executive branch (President), and Article III with the judicial branch (Supreme Court and federal courts)

What are, according to Perry’s Rules of Congress, that branch’s major duties?

Write checks for old people, and kill legislation.

How long are the terms of office for each branch of government?

Executive Branch: 4 years

Legislative: Senate 6 year terms  & House of Representatives 2 year terms

Judicial: Federal Judges: For life & State Judges: Term length determined between states

Describe the confirmation process for presidential appointments. What offices/positions is the president allowed to nominate?

The confirmation process for presidential appointments begins with the President nominating a candidate, which is then sent to the Senate for review. The Senate refers the nomination to a relevant committee, which holds hearings to question the nominee and may vote to send the nomination to the full Senate floor. The full Senate then holds a vote, and if a simple majority confirms the nominee, they are officially appointed by the President. The president can nominate a wide range of officials, including ambassadors, federal judges, and cabinet secretaries

Describe the legislative process. In other words, what are the major steps in a bill becoming a law?

o Legislation is drafted.

o Majority leadership consults with the parliamentarian committee assignment.

o A hearing is held on the bill.

o The bill enters markup stage.

o Advanced bills pass through the House Committee on Rules.

o The bill moves through the floor in debate and has amendments added.

o The House holds a vote.

o The bill is placed on the Senate calendar.

o Passed bills progress to the president’s desk for signature or veto.

o Signed bills are published and become law.

Which committees in the House are the most powerful? Why?

o Rules Committee. It can move bills forward, hold them back, or stop them

What is congressional oversight?

Congressional oversight is the review, monitoring, and supervision of the executive branch by the U.S. Congress to ensure federal agencies are implementing laws and policies correctly and acting in the public interest.

How many members do the House and Senate have?

House: 435 members  Senate: 100 members

 What are the major leadership positions in the House and the Senate? Who are these various leaders?

Speaker of the House is the major leadership position in the House which is Mike Johnson.

Vice President is the major leadership position in the Senate which is J.D. Vance

What is the purpose of congressional oversight?

A way to have Congress to know what is going on in all other areas of the government.

How are members of Congress chosen for their respective committee assignments?

Each party assigns, by resolution, its own members to committees, and each committee distributes its members among subcommittees.

What are the major types of congressional committees and what are their functions?

o Standing committees are permanent committees. They are the first call for proposed bills.

o Joint committees are composed of members appointed from both the House and the Senate and are charged with exploring a few key issues, such as the economy or taxation. They are informational only.

o Conference committees are used to reconcile different bills passed in both the House and the Senate. They are appointed on an ad hoc basis.

o Ad hoc committees, also called special or select committees, are temporary committees set up to address specific topics. These types of committees often conduct special investigations.

Unicameral

a legislature with only one house, like the Confederation Congress or the legislature proposed by the New Jersey Plan

bicameral

the practice of having two legislative chambers

Constituent

Citizens whom a legislator has been elected to represent.

Constituency

The body of voters who elect the representative

Casework

Activities of members of Congress that help constituents as individuals; cutting through bureaucratic red tape to get people what they think they have a right to get.

Representation / Lawmaking

The two major roles of members of Congress.

Formal Veto / Veto threat

Congress can veto a bill. 2/3 vote in the House and Senate. The threat of a veto is used far more often than the veto itself. Meaning those making the bill have the opportunity to change some things in the bill so it will not be vetoed.

Logrolling

the practice where legislators exchange support for each other's proposed legislation, helping to secure the passage of bills that may not have sufficient individual support.

Filibuster-

Virtual hijacking of the floor of the chamber by speaking for long periods of time, thus preventing the Senate from closing debate and acting on a bill.

Cloture

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

Apportionment

the process of distributing legislative seats among various political units, such as states, based on population.

Reapportionment

the reallocation of House seats between the states to account for population changes

Gerrymandering

Manipulation of legislative district boundaries as a way of favoring a particular candidate/party.

Impeachment

 A formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as criminal or civil punishment.

Conviction

a decision that defendant is guilty of committing a criminal offense beyond a reasonable doubt.

Removal of federal officials

The Constitution gives Congress the power to impeach federal officials. An official can be impeached for treason, bribery, and “other high crimes and misdemeanors.” The House of Representatives brings articles (charges) of impeachment against an official. The case then moves to the Senate, which holds a trial. The Senate needs a two-thirds majority vote to convict the official and remove them from office.

What does it mean that the president is both head of state and head of government?

Head of State

o Military

o Judicial

o Diplomatic

Head of Government

o Executive

o Legislative

What are their major duties in those areas?

Military: Article II gives the president the title of commander in chief

Presidents have effectively used this title as the power to make war

Judicial: may grant pardons and amnesty

Diplomatic: Negotiate treaties & May receive foreign ambassadors

How are those duties usually performed in most countries?

In most countries, the Head of State (President or Monarch) performs the major ceremonial duties, such as receiving ambassadors, formally signing treaties, and granting pardons (clemency). However, the Head of Government (Prime Minister or Chancellor) holds the actual operational power; they direct the armed forces (the effective Commander-in-Chief role), negotiate the treaties, and implement foreign policy, typically requiring the approval or confidence of the national legislature.

What roles does the Electoral College play in choosing a president?

Formally elect the President and Vice President of the United States. It is a process that involves a specific number of state-appointed electors casting votes to determine the winner, rather than a direct national popular vote.

How many electoral votes must a presidential candidate have in order to be elected?

A successful candidate needs 270 votes to win.

What are the differences among inherent, delegated, implied, and expressed powers?

o   Expressed powers—specific powers granted to the president under Article II

o   Delegated powers—constitutional powers that are assigned to one government agency but exercised by another agency with the express permission of the first

o   Inherent powers—powers claimed by a president that are not expressed but are inferred from it

o   Implied powers- one not specifically detailed in the Constitution but inferred as necessary to achieve the objectives of the national government

What does it take to override a presidential veto?

⅔ vote of both houses

What is the importance of presidents’ threatening to veto legislation?

By threatening to veto, presidents can shape legislation before it reaches their desk.

In what ways can a president appeal to the public for approval?

o   The concept of going public involves the president delivering a major televised address in the hope that Americans watching will be compelled to contact their House and Senate members, and that such public pressure will result in Congressional support of the president on a major piece of legislation.

o   Presidential visits

 What is the role of popularity in shaping presidential power?

Popularity shapes presidential power by providing the political capital—or "power to persuade"—that the president uses to pressure Congress, influence the media, and mobilize the public to support their legislative agenda.

What limits are placed on the president in terms of treaty-making powers?

Congress, through appropriations, lawmaking, oversight, and impeachment

The judiciary, through judicial review and authority to declare presidential acts unconstitutional

How can a president “control” the Supreme Court?

The president nominates Supreme Court justices

What is the role of the Electoral College in choosing a president?

The Electoral College formally selects the president, with electors from each state casting votes based on the state's popular vote outcome.

Describe the limits and powers of the president’s treaty-making powers

o Limits: Senate ratification

o Powers: Negotiating treaties, executive authority

What are the major informal powers that presidents have?

o cutting deals and making compromises that will attract support from at least some members of the opposition party without excessively alienating members of his or her own party

o having staff handle media coverage of the administration, affording some opportunities for indirect persuasion

o going public in an attempt to put pressure on other groups to cooperate

Patronage

Appoints all executive officers and federal judges (3000 appointments)

Presidential veto

 the power of the President to reject legislation passed by Congress, preventing it from becoming law.

pocket veto

Congress adjourns at the end of its second session fewer than 10 days after passage and the president does not sign the bill. Congress can no longer act.

Pardoning power (How is it used?)

used as an executive check on the judicial branch, allowing the President to grant reprieves, pardons, and amnesty for federal crimes; this power provides a measure of mercy and finality to the justice system, though it is often used for political reasons or to correct perceived miscarriages of justice

Executive agreements

Presidents also issue executive agreements with foreign powers; these are formal agreements negotiated between two countries but not ratified by a legislature as a treaty must be. Presidents will use this process because they have found that treaties are difficult to get ratified.

Signing statements

statements issued by a president when agreeing to legislation that indicate how the chief executive will interpret and enforce the legislation in question

What is a bureaucracy?

An administrative group of non-elected officials charged with carrying out functions connected to a series of policies and programs.

Define and explain the three models for understanding bureaucracies (Weberian, Acquisitive, and Monopolistic)

Weberian - is the classic model of bureaucracy: agencies are hierarchically organized, governed by formal rules and procedures, apolitical, and hired on the basis of merit.

Acquisitive- proposes that bureaucracies are naturally competitive and power-hungry. In this model, bureaucracies will work to enhance their own status to the detriment of others.

Monopolistic- theorizes that it is the absence of competition that provides the greatest insight into how a bureaucracy works

In what sense(s) have federal, state, and local bureaucracies grown in the past fifty years?

federal, state, and local bureaucracies have grown primarily in their scope, regulatory power, and overall spending, with a notable shift in the composition of their workforces

Define and explain the various types and functions of bureaucratic agencies (cabinet departments, and independent regulatory agencies).

o Cabinet departments are major executive offices that are directly accountable to the president. Each has its own budget, staff, and policy areas

o Independent executive agencies and regulatory agencies report directly to the president but are assigned far more focused tasks. They are independent of the regulatory authority of any specific department. Responsible for some sector of the economy making rules and judging disputes to protect the public interest.

o Government corporations are agencies formed by the federal government to administer a quasi-business enterprise. The services they provide are partly subject to market forces and tend to generate profit. An example of this would be the U.S. Postal Service.

Who heads bureaucratic agencies?

The President appoints the heads of bureaucratic agencies, including the Cabinet secretaries, with confirmation from the Senate

How do the various branches seek to control bureaucracies?

Each branch of the U.S. government employs a distinct set of tools to control and hold the federal bureaucracy accountable, ensuring agencies operate within constitutional and legislative bounds.

In what ways do citizens oversee bureaucracies?

Through legal avenues like the Freedom of Information Act (FOIA), which allows public access to government records, and by influencing the political process through voting and joining interest groups.

• the Government in the Sunshine Act of 1976.

• the Freedom of Information Act of 1996

Demographic representation of bureaucracies

the concept that the composition of public sector employees, in terms of race, ethnicity, gender, and other factors, should reflect the population they serve

Agency capture

refers to a situation where a regulatory agency, meant to serve the public interest, instead becomes dominated by the interests of the industries it's supposed to regulate, often prioritizing those interests over the public good.

Administrative discretion

the authority to select among various responses.

Government in the Sunshine Act

-requires certain administrative agency meetings to be open to the public and that public be given notice in advance national defense, discussions about adjudication cases, or administrative agency's discussions on pending lawsuits

Freedom of information Act

has provided the public the right to request access to records from any federal agency.

What is the process by which cases make it to the Supreme Court?

Cases reach the Supreme Court through a petition for certiorari, which the Court grants if at least four justices agree to hear the case.

In general, how is the federal court system structured? What are major “levels” in the federal judiciary?

Is structured in three levels: district courts(trial courts), courts of appeals(appellate courts), and the Supreme Court.

In what types of courts do most criminal cases begin?

Most criminal cases begin in state or federal district courts.

In what types of courts do most civil cases begin?

o Most federal cases begin here.

o Witness testimony heard; evidence presented

How are judges selected for their positions?

o At the federal level, the president nominates a candidate to a judgeship.

o The president’s nominee is then discussed in the Senate Judiciary Committee.

o After a committee vote, the candidate must be confirmed by a majority vote of the full Senate.

o Finally, he or she is sworn in, taking the oath of office.

o All judges and justices in the national courts serve lifetime terms of office.

What is the role of the Chief Justice?

The ** presides over Supreme Court proceedings, manages the Court's administrative functions, and represents the judiciary.

How is the number of justices who sit on the US Supreme Court determined?

On the U.S. Supreme Court is determined by Congress, which has set the number at nine since 1869.

What changes have occurred in recent decades concerning the number of cases that are heard by the courts?

o About 85 percent of cases end in district courts

o Thousands of cases from the appellate courts are appealed to the Supreme Court each year. (about 8 thousand)

o The Supreme Court dismisses most of these cases without a ruling on the merits

o In its 2023-2024 term , the Supreme Court decided 62 cases.

Civil Law

settling disputes that do not involve criminal penalties

Criminal Law

disputes or actions involving criminal penalties

Public Law

cases involving the action of public agencies or officials and how they interact with citizens.

Common Law

body of unwritten laws based on legal precedents established by the courts.

Litigants

The plaintiff and defendant in a case.

Original Jurisdiction

The first courts to hear a criminal case or a civil case

Appellate Jurisdiction

a court that hears the appeals of trail court decision

Senatorial Courtesy

Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.

Stare Decisis

previous decision by a court should apply as a precedent in similar cases until that decisions is overruled.

Rule of Four

Requirement that a case can only be heard by the Supreme Court if four justices vote to hear the case

Amicus Curiae briefs

filed by those who are interest in the case but not a party to it

Judicial review

the power of courts to declare actions of the legislative and executive branches invalid and unconstitutional

Standing

- the right of an individual or organization to initiate a case

Class action lawsuit

A case brought by a group of people with the same of similar injuries cased by the same action or product

Writ of certiorari

formal request asking the supreme court to review a decision from a lower court

Majority Opinion / Concurring Opinion / Dissenting Opinion-

o Majority opinion - official decision of the court, supported by the majority of justices

o Concurring opinion - justice agrees with the majority outcome but for different legal reasoning

o Dissenting opinion - a justice disagrees with the majority decision and explains why

Judicial implementation

The most significant check on the Supreme Court is executive and legislative leverage over the implementation and enforcement of its rulings.

 Judicial restraint

which leads them to defer decisions to the elected branches of government.

Judicial activism

A justice’s decisions are influenced by how he or she defines his role as a jurist, with some justices believing strongly

Court shopping

·       finding a court that will likely grant a favorable outcome.

Congressional Commendations does-

Help with a Federal Agency

What Article & Section Congressional powers: Enumerated, Implied, and Inherent in?

Article I, Section 8

Who runs the House?

Speaker of the House RUNS the house decides where a bill is going to go. The speaker gets to decide who speak.

Whos most powerful in government?

Senate Majority Leader is the most powerful in government. Recent Majority Leader is John Thune

What are types of legislative committees with distinct purposes?

Standing, Joint, Committee

Who decides the budget?

Appropriations

The Independent Regulatory Agencies-

Independent in a sense but not part of an executive cabinet

Comity

our system relies on trust on the branches doing their job