POSI 2310 Sherri Mora Exam #2

Congressional Leadership (roles and who)

- speaker of house & senate majority leader: assign members and bills to committees, schedule vetoes on bills

- house majority leader: assists the speaker

- house and senate minority leaders: guide and keep members in line with party positions

Legislative Elections

Checks and Balances

- president checks legislative

- legislative checks president

- court checks legislative

Which body is most representative

legislature, especially the house

Demographics of Legislature

old, white, rich, well educated males

Reapportionment

- distribution of house seats based on population

- every 10 yrs. with consensus

Redistricting

- redrawing of congressional district lines by individual states

- must occur every 10 years BUT can and usually does happen more often when legislatures perceive a potential political gain

Powers of Legislature

enumerated

- power to coin money

- declare war

- regulate commerce

- post office

- punish acts on high seas

implied

- necessary and proper clause

Who holds power in House and Senate

- house: speaker of the house

- senate: majority leader

Impact of Elastic

- necessary and proper clause

- grants legislature broad powers

Characteristics of Legislature

- limited government

- checks and balances

- federalism

- separated branches

How many people does each legislator represent

667,000

Log Rolling

reciprocal process of trading votes

Pork Barrel

- special projects are funded to a member's home district

- ex: bridge to nowhere

Functions of Congress

- to enact laws

- house: originates tax bills & brings impeachment charges

- senate: confirm presidential appointments, ratify treaties, & TRY impeachment charges

Incumbent Advantage

- incumbent: member of congress seeking re-election

- 95% of incumbents are re-elected

How a bill becomes a law

- introduction

- committee action

- house/senate approval

- conference committee reconciliation

- presentation to president for action

Standing Committees

permanent committees with defined jurisdiction

Joint Committees

members from both house and senate

Line of Succession for President

- VP

- speaker of the house

- president pro tempore

Vote required to pass law; override presidential veto

- pass law: majority in house and senate

- veto: 2/3 in house and senate

Executive Agreements

- agreements b/w heads of state

- similar to treaties but do NOT need ratification

- in force for the term of the executives that negotiated them

Executive Departments

- OMB (office of management and budget): prepares budget

- newest is homeland security

Constitutional Powers of the President

- expressed: specifically stated (commanding armed forces)

- inherent: carrying out the job (LA purchase)

- statutory: granted by congress (budget and accounting act 1921: pres. submits budget to con.)

- emergency: evolved over time but expanded by supreme court since 9/11

Congressional Powers granted to President

statutory powers (budget)

Presidential Expansion of Government

- emergency powers granted by supreme court

- ex: FDR and new deal

Impeachment Process (two parts)

- house votes for trial

- senate holds trial

- 2 presidents have been charged but not convicted

What branch can est. federal courts

judicial

Initial Conception of the Judicial Branch

- weak

- little authority

Marbury v. Madison

established judicial review

Courts of Appeal

- circuit court

- appellate cases only

- 12 (one has special jurisdiction)

- TX LA and MS are the 5th circuit

Stare Decisis

- "let the decision stand"

- basis for precedent upon which future cases are decided

Highest Form of Law

constitutions

What are statutes and who writes them

- laws

- written by congress and other legislatures

Courts of Last Resort

supreme court and highest state courts have force of law

Type of Court System in the U.S.

- dual

- federal and state

Three - Tier Federal Court

Ideological Position of the Supreme Court

slightly conservative

Whose decisions have the force of law

- supreme court justices

- courts of appeal justices

- highest state court justices

Supreme Court - How many justices and what are they called

8 associate justices & 1 chief justice

Presidential Appointments (Obama and Trump)

- Obama: Sotomayor & kagan

Rule of Four

4 justices must agree in order to hear a supreme court case

How are federal court judges selected

- president appoints

- senate confirms

Activist v. Restraint

Redistricting