AP US Gov: Unit 2

Explain the primary institution associated with the legislative branch and its main function?

The United States Congress -- the main lawmaking branch of the U.S. government

What does it mean that Congress is considered bicameral?

It is made up of two houses.

Compare the House of Representatives and the Senate:

HOR:

Appointed by _______.

_______ connected to their voters.

Elected every _______ years.

_______ members.

Senate:

Appointed by _______.

_______ connected to their voters.

Elected every _______ years.

_______ members.

HOR:
population, more, 2, 435

Senate:
equally, less, 4, 100

Explain how the houses of Congress are required to work together in order to pass legislation.

Congress is required to pass on identical versions of bills and in order to do that legislators must create coalitions

How does the difference in the length of legislative terms affect the durability of coalitions in Congress?

Due to the fact that Senators serve longer terms, their coalitions tend to last longer than the coalitions in the House of Representatives.

Define the concept of enumerated powers

Those powers explicitly listed in Article I Section 8 of the Constitution.

What are the enumerated powers of Congress?

Federal funding: Taxation, Coin money, Federal budget; Foreign policy
Military legislation: Declare war, Raise armies, Pass draft laws, Fund armed forces

Explain how the implied powers of Congress allow the institution to carry out its enumerated powers?

The necessary and proper clause allows Congress to pass any law that is required by the enumerated powers.

What is the role and the significance of the Speaker of the House?

The Speaker of the House is the only leader for the House of Representatives listed in the Constitution. The Speaker is always a member of the majority party. The Speaker has the power to recognize who can speak and to assign committees.

Explain how party leadership impacts the work of the House of the Representatives.

Majority and minority leaders direct debates and guide party members in policy making, while whips render party discipline and make sure members of the party follow party goals.

What role does the Vice President play in the Senate?

They are the president of the Senate and are usually a non-voting member, unless there is a tie.

Who is the president pro tempore and what is their role?

The most senior member of the majority party -- acts as president of the Senate when the Vice President is not present.

Who is the Senate majority leader and what is their role?

The most powerful position in the Senate as they set the legislative agenda by deciding which bills reach the floor for debate.

Why are committees important to the functioning of Congress?

They allow for small groups of lawmakers to debate and draft legislation.

What are the four types of Congressional committees?

Standing committee
Joint committee
Select committee
Conference committee

What is a standing committee?

A committee that endures for a long time.

EX: House Judiciary Committee

What is a joint committee?

Committees that has members of both the House and Senate.

EX: Committee on the Library of Congress

What is a select committee?

Committees that is temporary & created for specific purpose.

EX: Watergate Committee

What is a conference committee?

Committee that is used to reconcile two versions of a bill.

What makes the House Rules Committee so powerful?

The House Rules Committee decides which bills make it to the floor for debate, therefore has the power to "kill" a bill.

What is the Committee of the Whole and why would it be used?

The Committee of the Whole could contain all 435 members of the House and is a procedural move that relaxes rules of debate so that amendments may be considered and debate can move quickly.

What is a discharge petition and why would it be used?

It allows for a bill that is stuck in committee to be brought out for consideration by a majority vote.

Explain how the Senate uses the filibuster as a legislation technique?

The Senate allows for unlimited debate and Senators will use that to slow down a bill by attempting to stall or kill a bill by talking for a very long time.

What is the cloture rule?

It requires two-thirds of senators (60 votes) to shut down a filibuster and bring a bill to the floor.

How do unanimous consent and a hold apply to business in the Senate?

The senate can use unanimous consent to limit debate and move legislation along in a timely manner; however, one senator and object with a hold and the bill will stall.

Explain how riders affect the lawmaking process?

Riders are added to bills by legislators. These riders can be benefits for a representative's agenda which are usually non-relevant additions to the bill.

What is pork barrel spending?

When funds in a bill are earmarked for special projects in a representative's district.

What is logrolling?

When lawmakers agree to vote for each other's bills.

What is mandatory spending?

Payments that are required by law.

Example: Debt Interest

What is discretionary spending?

Money that is allocated by Congress.

Example: Federal Employees

What is entitlement spending?

Spending required for required programs.

Example: Social Security

Explain a deficit and how it impacts the federal government?

A deficit is the gap between the budget and the funds available. When the federal government spends more money than it makes, it borrows money to cover the difference if they are not willing to increase taxes or decrease discretionary spending

Explain the role that increased ideological divisions and political polarization plays on the job of Congress?

As members of Congress continue to become more conservative and more liberal it makes negotiation, compromise, and passing legislation increasingly difficult leading to gridlock.

What is a divided government and how does it impact the lawmaking process?

When the presidency and Congress are controlled by different political parties.

These ideological divisions between the two branches that have the ability to check each other can slow down the lawmaking process.

Why is the term lame duck used to describe a president?

They are in the last year of their presidency and therefore have relatively little power to enact policy.

What is a trustee model?

A representative that has been entrusted with voter's faith that they will do what is best according to the representative's best judgement.

What is a delegate model?

A representative that believes that they should vote the will of their voters even if it goes against their best judgement.

What is a politico model?

A representative that blends the trustee and delegate models and votes depend on the situation.

Explain how the concepts of a census, reapportionment, and redistricting are related?

The Constitution requires a population count called the census every 10 years. Then based on the census data congressional seats are redistributed to the states. Once states are awarded a number of House seats states will redistrict by drawing new boundaries to reflect these new seats.

How is Baker v. Carr related to the concept of redistricting?

It states that during the redistricting process districts must be drawn in order to evenly distribute voting power.

What is gerrymandering?

Drawing the district lines to favor one group over another and will give an advantage to one side.

How is Shaw v. Reno related to the concept of gerrymandering?

It states that drawing districts based on race, even if it helped historically discriminated people, was an unconstitutional process.

What are the formal powers of the executive branch?

Veto legislation
Commander-in-chief
Executive agreements

What are the informal powers of the executive branch?

Pocket veto legislation
Bargaining & persuasion
Executive orders
Signing statements

How is a veto different from a pocket veto?

A veto is an active process where the president prevents a bill from becoming a law.

A pocket veto is a passive process where a bill will not become law if there are less than ten days left in the congressional session and the president does nothing with the bill.

How is a treaty different from an executive agreement?

Treaty ratification is a power that belongs to the Senate.

Executive agreements are a contract between the president and another world leader.

How is a law different from an executive order?

A law is passed by both the legislative and executive branch.

An executive order is a directive with the force of law to the federal bureaucracy and the military, parts of the government under direct presidential authority.

How can a signing statement impact a law?

It allows the president to express how the executive branch interprets the laws and how the president intends to executive it, which could be different than what Congress intended.

What are the different positions that require a presidential appointment and Senate confirmation?

Cabinet Secretaries
Ambassador
Federal court judges

Why is there often tension between the executive branch and the Senate around nominees to the federal judiciary?

Judges serve for life and can continue a president's ideological legacy long after they are in office.

What arguments does Federalist 70 make in support of a single powerful executive?

Need for one person to act swiftly and decisively on matters that require immediate action
The executive branch is checked by the other two branches
A single individual is more accountable than a multi-person panel

Why is the president limited to 2 terms?

Due to the 22nd Amendment, but before that it was a non-binding precedent set by our first president, George Washington.

What are effective tools that the president can use to communicate with the nation?

Bully pulpit
State of the Union
New technologies

Supreme Court:

__ judges.

_______ & _______ juridiction.

9, appellate, original

U.S. Circuit Court of Appeals:

__ courts.

_______ jurisdiction.

12, appellate

U.S. District Court:

__ courts.

_______ jurisdiction.

94, original

What arguments does Federalist 78 make in support of a strong independent judicial branch?

Lifetime appointments
Non-elected judges

What is judicial review?

The Court has the power to check the other branches of government by declaring laws as constitutional or unconstitutional.

Explain how the required case of Marbury v Madison impacted the interpretation of judicial review?

This case established the constitutional principle of judicial review as part of the United States system because it established the power of judicial review and therefore significantly increased the Supreme Court's power.

Explain the role of precedents play in the judicial branch.

They act as binding templates for future judicial decisions and unless there are extreme circumstances they are very difficult to overturn.

What is the difference between judicial activism and judicial restraint?

Judicial activism: involves a more proactive role for the courts in shaping public policy.

Judicial restraint: involves a more limited role for the courts in deferring to the other branches of government for policy creation.

How do the ideologies and judicial philosophies of judges impact the judicial decisions?

Often they are appointed by a president that align with their own political sympathies around issues of national importance.

Over time, why has the legitimacy of the Supreme Court been called into question?

It is vulnerable when controversial decisions are handed down as many citizens call into question the ability of unelected judges circumventing the will of the people.

How can the other branches of government check the power of the Supreme Court?

The executive branch can mitigate Supreme Court decisions with lack of enforcement and the legislative branch can pass legislation or amendments that invalidate Supreme Court decisions.

Why is the bureaucracy referred to as the fourth branch of government?

It is made up of millions of people who are employed to carry out the responsibilities of the government.

What is the role of cabinet secretary in the bureaucracy?

They are the highest level of authority in the bureaucracy and are the leaders of the fifteen executive departments.

What role do agencies play in the federal bureaucracy?

They are smaller subdivisions of the executive departments which all work together to accomplish the main goals of the main department.

What role do commissions play in the federal bureaucracy?

Commissions are regulatory groups that operate somewhat independently from presidential authority and are run by a board for a specific purpose.

What role do government corporations play in the federal bureaucracy?

Government corporations are a hybrid of business and government which is essentially the government running a business that serves the public good.

What are the 3 main functions of the bureaucracy?

1. Write and enforce regulations to facilitate the execution of laws passed by Congress
2. Issues fines when laws are violated
3. Testify before Congress for accountability or updates on agency actions

What is delegated discretionary authority?

The power given to the bureaucracy by Congress that gives them the discretion on how to make rules and carry out law.

What is compliance monitoring?

The power given to the bureaucracy to establish rules for certain industries and then hold those industries accountable for complying with those rules.

What is an iron triangle?

Made up of a bureaucratic agency, congressional committee, and an interest group that work together and rely on one another to create policy in specific areas.

What is the Department of Veteran's Affairs?

Manages Veteran's Hospitals and the welfare of American Veterans.

What is the Department of Homeland Security?

Protects the U.S. from terrorism and controls national borders.

What is the Department of Transportation?

Manages many types of transportation including highways and air travel.

What is the Department of Education?

Oversees states and their implementation of federal education standards

What is the Environmental Protection Agency?

Works for protect the environment and human health through regulation.

What is the Federal Elections Commission?

Administers and enforces campaign finance laws.

What is the Securities and Exchange Commission?

Regulates the stock market and prevents financial fraud.

How can the other branches of government check the power of the bureaucracy?

The executive branch can control the bureaucracy with its power to appoint and fire cabinet and agency positions. The legislative branch can hold hearings to provide oversight to ensure execution is happening and can control allocations to bureaucratic budgets. The judicial branch can scrutinize bureaucratic decisions for constitutionality

Over time, why has the legitimacy of the bureaucracy been called into question?

When it comes to its level of independence because it creates rules that have the force of law, but its members are not elected by or accountable to the American people.

What is the difference between the patronage system and the merit system?

The patronage system: a practice of giving government appointments to people based on their political support, connections, and loyalty rather than their qualifications.

The merit system: is a method of selecting candidates for government jobs based on their demonstrated ability, knowledge, and skills through competitive exams or other objective criteria. The merit system is intended to ensure that government positions are filled with the most qualified individuals rather than those who have political connections.