GOV 2304 (Emblem) Exam Three

What do advocates of the philosophy of judicial restraint believe?

they refuse to go beyond the clear words of the Constitution in their interpretations. They prefer a literal reading of the document.

Courts should defer decisions to the executive and legislative branch, because they are elected by the people.

What do advocates of judicial activism believe?

they believe that the Court should go beyond the words of the Constitution or a statute to consider the broader societal implications of its ruling.

Courts should take an active role in checking the activities of the other branches.

Which chamber(s) of Congress may filibuster?

Senate

What is the function of the Majority and Minority leader?

they control the Senate's calendar, or agenda for legislation.

Where are "money bills" introduced?

House of Representatives

What is bicameralism?

the governmental structure, which includes two different houses in the legislature. In Congress it is the House of Representatives and the Senate.

Do the members of Congress typically compare well to the general public?

They are usually more educated and wealthy, and more white and male than the overall population. However, they can represent the ethnicity, gender, or religion of their constituents, but the larger trends relate to the former information over the latter.

Miller v. Johnson (1995)

Supreme Court limited racial redistricting by ruling that race could not be the predominant factor in creating electoral districts.

What is the responsibility of the Vice President in the Senate?

He or she serves as the President of the Senate, presiding over it, and has the power to cast a tie-breaking vote when necessary.

Did the Supreme Court uphold the line-item veto?

They struck it down, saying that it was unconstitutional.

They said it violated the Presentment Clause of the Constitution, which says that the president does not have the power to unilaterally amend or repeal legislation passed by Congress.

According to the Constitution, what are the roles of the House of Representatives and the Senate in the impeachment process?

House draws up articles of impeachment and elects to impeach official based on treason, bribery, or other high crimes and misdemeanors. The House acts as the grand jury, and determines with a majority vote if official should be impeached.

The Senate serves as the judge and the trial jury, holding a trial to determine whether an official should be convicted and removed from office. This requires a 2/3 vote.

What is the Sunshine Law?

a law requiring certain proceedings of government agencies to be open or available to the public.

What level of Federal Courts serve as the primary stepping-stones for Supreme Court Justices?

the federal appellate courts.

How does the legislative branch and the executive branch check the judiciary branch?

Executive: appointments to court and can refuse to enforce court orders.

Legislative: constitutional amendments and revision of laws.

How does the Supreme Court check themselves?

Will not hear hypothetical and political questions.

Respect the decisions of lower courts. Stare decisis.

What is a trustee and an instructed delegate?

Instructed: should act and vote in accordance with preferences of constituents.

Trustee: should act and vote in accordance with what they think is best.

Who are the current leaders in the Senate and the House of Representatives?

Senate:
Majority Leader: Mitch McConnell (R-KY)
Minority Leader: Chuck Schumer (D-NY)
President Pro tempore: Chuck Grassley (R-IA)

Majority Whip: John Thune (R-SD)
Minority Whip: Richard Durbin (D-IL)

House:
Speaker: Nancy Pelosi (D-CA)
Majority Leader: Steny Hoyer (D-MD)
Minority Leader: Kevin McCarthy (R-CA)

Majority Whip: James Clyburn (D-SC)
Minority Whip: Steve Scalise (R-LA)

What are the three powers the President uses to direct foreign policy?

power to make treaties for the United States, power of diplomatic recognition, and power to make executive agreements.

What are the responsibilities of the President as the Chief Executive and as the Commander in Chief?

Chief Executive: president must see that all laws are faithfully executed, and president will appoint and supervise all executive officers and federal judges. Power to grant pardons and reprieves.

Commander in Chief: power to command the national military and the state National Guard units when called into service. Wartime powers.

What is the significance of the War Powers Resolution?

states that president can send troops into action abroad only with authorization of Congress or if American troops are already under attack or serious threat.

Required President to inform Congress of any planned military action, and stipulated that forces must be withdrawn within 60 days unless Congress acts to extend military action.

What was the outcome of the United States v. Nixon (1974) decision?

limited executive privilege.

How many departments make up the President's cabin?

15 departments

What are the basic goals of the Federal Bureaucracy?

to perform duties efficiently to save taxpayers money.

How does Congress control bureaucratic agencies?

They control them by handling purse strings, investigations, hearings, and reviews.

What is common law?

English tradition in which judge made law based initially on prevailing custom and eventually on legal precedent.

What is judicial review?

authority of the judiciary to make a judgement on issues of constitutionality.

What is the "rule of four?"

Rule that four justices on the Supreme Court must agree to take case before they can hear it.

What is an amicus curiae brief?

filed by third party that as an interest in the outcome of a case and serves as a "friend of the court."

What is stare decisis?

doctrine that means "let the decision stand." The doctrine that a previous decision by a court applies as a precedent in similar cases until that decision is overruled.

What is a writ of certiorari?

order for lower courts to send upper courts case record for review. Grants petition for review.

What is habeus corpus?

court order that individual in custody must be brought to court and shown reason for detention.

Where are the enumerated powers of Congress found?

Article 1 Section 8, clauses 1-17.

What is the purpose of a congressional conference committee?

these committees are charged with working out a compromise on legislation that has been passed by House and Senate but in different versions.

What are the four major types of structures in the federal bureaucracy?

(1) cabinet departments
(2) independent executive agencies
(3) independent regulatory agencies
(4) government corporations.

What are the three characteristics of a bureaucracy listed by Max Weber?

Hierarchical-set up with clear chains of command.
Specialization- agency specialists provide efficient management.
Standard operating procedure- formalized rules about how to handle tasks and structure.

How many days is the waiting period before a proposed rule becomes a law?

60 days.

What are the three sources of American law?

Constitutions
Statutes and Administrative Agencies
Case Law

What are the three tiers of the American federal court system and how many courts are on each tier?

U.S. District Courts- 94 districts.
U.S. Court of Appeals- 13 courts. 12 courts that cover twelve geographic circuits, one for other specific cases.
The U.S. Supreme Court- single court.

Describe the history of the number of justices on the Supreme Court

1789- six
1807- seven
1837- nine
1863- ten justices
1866- seven
1869- nine

Changed by various Congressional acts. Changed two times around the Civil War.

How many petitions for review are submitted to the Supreme Court each year?

roughly 7,000-9,000 each year.

What did Justice Brennan believe was the most important law in the Supreme Court?

"Most law of the Supreme Court is the law of five. With five votes, you can do anything."

What conditions increase a case's chance of being heard by the Supreme Court?

Two lower courts are in disagreement.

When lower court's ruling conflicts with existing S.C. ruling.

Case of broad significance.

State court had decided a substantial federal question.

Solicitor General is pressing court to hear case.

What are the four types of opinions made by the supreme court?

unanimous, majority, dissenting, and concurrent.

Who is the current Chief Justice of the Supreme Court?

John G. Roberts

What is "emphatically the province and duty of the judiciary?" (Marbury v. Madison)

"Emphatically the province and duty of the judicial department to say what the law is."

What becomes of statues and acts that violate the Constitution?

They are invalid, void, and of no force.

What is the "rhetorical presidency?"

President using rhetoric, usually through speeches, interviews, and other kinds of performances to both inspire and increase the mobilization of public support.

Bill Clinton was the best example.

What is the weakest and least dangerous branch of the government?

the judicial branch

What are the key constraints of the public bureaucracy as noted by James Q. Wilson?

1) cannot lawfully retain and devote to the private benefit of their members the earnings of the organization.

2) cannot allocate factors of production in accordance with preferences of administrators.

3) must serve goals not of organizations own choosing.
- Hard to hold managers accountable for attaining a goal, easy to hold them accountable for conforming to rules.
- Equity issues always easier to judge than efficiency issues.

Why has Congress allowed for a fluctuation in the number of Supreme Court Justices?

Dependent upon the statutes that they create along with political climate. Ex: changed the S.C. from 10 to 7 during Andrew Johnson's tenure as President.

Americans would run a continental republic designed to do what four things?

1) keep foreign powers at bay
2) aggressive states in line
3) America's military under control
4) slave masters on board

The longest section of the Constitution's longest Article aimed to ___________ and thereby _____________.

aimed to enumerate the main powers of Congress and thereby resolve hard questions of federalism, separation of powers, and rights.

The challenge confronting America in 1787 was to avoid both __________ and a ____________.

Challenge to avoid both dangerously strong central regime and dangerously weak one.

The new Constitution allowed the government to do what three things?

1) control own army and navy without state intervention
2) to impose taxes and duties on individuals to pay for these armed forces
3) to appoint all professional military officers.

If the people did not want to continue the army, they could simply ____________.

Refuse to fund it.

In Federalist 78, when can there be no liberty?

if power of judging be not separated from legislative and executive powers.

According to Hamilton in Federalist 78, what do force, will, and judgement have to do with the judiciary?

it may truly be said to have neither force nor will, but merely judgement; and must depend upon the aid of the executive arm even for the efficacy of its judgments.

What is significant with the Judiciary Act of 1789?

It created new federal lower courts and expanded their jurisdiction. Outlined structure and jurisdiction of each branch. Also created AG.

Why was the Constitution a superior law to an act of Congress?

came from superior lawmaker: the American people.

How many times prior to the Civil War did presidents use veto power? What was the primary reason for these vetoes?

Roughly 50 times. Primarily due to issues of constitutionality.

What did President Jackson write about interpreting how to defend the Constitution?

That they have the ability to take into account certain questions beyond the judicial realm. That they too could be defenders of the Constitution.

America's chief executive would be __________ and much more ____________.

much less than an English king and much more than a standard state Governor.

What did the Federalists Congress pass three weeks prior to Jefferson's swearing in to office and what did it do?

Judiciary Act of 1801. It reduced numbers of S.C. justices from six to five and created new district courts while expanding circuit courts. It also created the Justice of the Peace position.

Who are the "Midnight Judges?"

The 58 judges confirmed on the day of Jefferson's inauguration as a result of the Judiciary Act of 1801.

Why did Marbury sue Secretary of State Madison?

He sued for his commission, which was need to take the oath of office as the Justice of Peace.

What is a writ of mandamus?

order from court directing public official to perform specific act or certain thing.

According to Stewart, what was the desire of the Founders regarding the activity level of the Supreme Court?

They wanted a largely inactive and inundated court.

Who is uniformly acknowledged to have been the most important Chief Justice in U.S. history?

Chief Justice John Marshall

What did Marshall say about any law passed by the Congress and signed by the President that was in violation of the Constitution?

It was void, invalid, and of no force.

According to Marshall, what was the sole province of the court?

Sole province of court to say what law is.

What was the ruling of the Court in the Marbury case regarding what Congress had done in the Judiciary Act of 1789?

They ruled they had violated the Constitution in expanding the original jurisdiction of the S.C.

What was the name and date of the second case in which the SCOTUS found a legislative act unconstitutional?

Dredd Scott v. Sanford in 1857.

Where in the Constitution is the procedure for Presidential succession found?

25th Amendment (Lecture Notes) and also Article II, Section 1, Claude 6.
VP
Speaker of the House
President Pro-tempore of Senate
Oldest cabinet position to newest

How does a bill become a law?

1) Legislation is introduced and handed to the clerk of the specific chamber that it originated, and assigned to related committee.

2) Referred to subcommittee within committee.

3) Hearings held and research performed.

4) Modified/Revised

5) If passed, sent to full committee.

6) If passed in committee, reported to chamber, debated, amended, and either passed or defeated

7) Conference committee to reach a compromise on differing bills.

8) back to chamber floor for approval of identical bills.

9) subjected to presidential veto or signed into law.

Shelby County v. Holder (2013)

Struck down provision of Voting Rights Act of 1965 requiring states engaged in past discrimination to get federal preclearance from the DOJ before instituting changes in voting laws or practices; allowed restrictive state voter ID laws to go forward (Roberts Court).

Shaw v. Reno

Supreme Court ruled that race cannot be the predominant factor in creating districts.

Where in the Constitution does it address the House of Representatives? How are members selected?

Article 1, Section 2.

Popular election.

Where in the Constitution does it address the Senate? How were members originally elected?

Article 1, Section 3.

State legislatures.

17th Amendment

Passed in 1913, this amendment to the Constitution calls for the direct election of senators by the voters instead of their election by state legislatures.

When is the census taken to determine population used to redraw Congressional districts?

every 10 years. Population shifts are handled by reapportionment.

How long is a House of Representative's term? Senate?

2 years

6 years

How many members are in the House of Representatives? Senate?

435

100

What are the powers of Congress?

Regulate trade, raise and support a military, declare war, establish a post office, regulate interstate commerce, etc. . .

What does the Senate's Advice and Consent powers allow them to do?

approve any Presidential treaties, executive and judicial appointments.

What is the necessary and proper clause (Article 1, Section 8, Clause 18)?

allows Congress to make laws that are deemed to be necessary to carry out expressed powers.

What are the two main functions of Congress?

Lawmaking function and representative function.

Others: service to constituents, oversight function, public education function, and conflict resolution function.

What are constituents?

people that members of Congress represent within a district.

What interests are House members more considerate towards?

due to small size, homogeneous nature of constituents, along with short terms, they are more considerate of local interests.

Also place more priority on current interests.

What interests are Senators more considerate towards?

state-wide interests.

What is sociological representation?

A type of representation in which representatives have the same racial, gender, ethnic, religious, or educational backgrounds as their constituents. It is based on the principle that if two individuals are similar in background, character, interests, and perspectives, then one could correctly represent the other's views.

What is agency representation?

constituents have power to hire and fire.

What groups still lag behind in Congressional representation?

Women, African Americans, Latinos, and Asian Americans.

How do legislators provide constituent service?

by talking to constituents, providing them with minor services, presenting special bills, attempting to influence decisions of regulatory committees, and helping them apply for Federal benefits.

What is an incumbent?

currently holds office and is up for re-election.

How successful are incumbents in re-election campaigns?

98% in House, 90% in Senate.

What is apportionment?

process of allocating congressional seats among 50 states.

Why does the task of re-drawing Congressional maps usually lead to conflict?

the party that controls the state legislature tries to gain an advantage.

What is gerrymandering?

process of redrawing legislative boundaries for the purpose of benefiting the party in power.

When did race become a major factor in the re-drawing of Congressional maps?

after the passage of the 1982 amendment to the Civil Rights Act of 1964.

What is patronage?

providing a government job to someone in exchange for their political support.