Studied by 535 people
Redistricting/Gerrymandering
Manipulating political boundaries to favor one party. This is done by state legislature.
House Rules Committee
Both the House and the Senate set their own agendas. Both use committees, which we will examine shortly, to winnow down the thousands of bills introduced. One institution unique to the House, however, plays a key role in agenda setting: the House Rules Committee. This committee reviews most bills coming from a House committee before they go to the full House. Performing a traffic cop function, the Rules Committee gives each bill a “rule,” which schedules the bill on the calendar, allots time for debate, and sometimes even specifies what kind of amendments may be offered. Today, the committee usually brings legislation to the floor under rules that limit or prohibit amendments and thus the opportunities for the minority to propose changes. The Rules Committee is generally responsive to the House leadership, in part because the Speaker of the House now appoints the committee’s members.
Federalism
Division of power between federal and state governments
Logrolling
Exchange of assistance or favors for one’s vote
*Senate’s relationship to the president
Approves treaties, war, and foreign negotiations. Remember War Powers Act. In addition to this, they confirm nominations to official positions like ambassadors or supreme court justice.
Franking privilege
Ability for officials and congress members to send mail by signature rather then postage.
Conference committee
Panel composed of House and Senate conferees formed for the purpose of reconciling differences in legislation that has passed both chambers. Both the House and the Senate set their own agendas. Both use committees, which we will examine shortly, to winnow down the thousands of bills introduced.
Pork-barrel legislation
Th e second way of servicing the constituency involves winning federal funds for states and districts. The pork barrel is composed of federal projects, grants, and contracts available to state and local governments, businesses, colleges, and other institutions. Members of Congress love to take credit for a new highway, sewage treatment plant, or research institute. Often, they announce the awards through their offices.
Rider/Christmas tree bill
A bill that attracts many unrelated floor amendments. In the United States Congress, a Christmas tree bill is a political term referring to a bill that attracts many, often unrelated, floor amendments. A Christmas tree bill consists of many riders. The amendments which adorn the bill may provide special benefits to various groups or interests.
17th Amendment
Allows the people to vote for their senators instead of state legislature, ratified in 1913
House Ways and Means Committee
Chief tax-writing committee in the house. The House of Representatives committee that, along with the Senate Finance Committee, writes the tax codes, subject to the approval of Congress as a whole. The House of Representatives committee that, along with the Senate Finance Committee, writes the tax codes, subject to the approval of Congress as a whole.
*Rules (procedural) of House and Senate
In the house each person is allowed to debate for only 5 minutes whereas the senate allows unlimited debate in the form of a filibuster which can only be ended if a supermajority of congress, or ⅗ of congress wish to end it.
Parliamentarian
Democratic form of government in which the majority party appoints a leader in their area of government. The most well known example of this is the British Parliment where the prime minister is elected by the majority party.
*House leadership/responsibilities:
HOUSE: speaker, majority and minority leaders, assistant leaders, whips, and a party caucus or conference. The speaker acts as leader of the House and combines several institutional and administrative roles. Majority and minority leaders represent their respective parties on the House floor. Whips assist leadership in managing their party's legislative program on the House floor. A party caucus or conference is the name given to a meeting of or organization of all party members in the House.
Senate leadership/responsibilities:
SENATE: floor leaders/ party leaders and whips. Floor leadesr serve as the spokesperson for their party's positions. Whips ensure party discipline in a legislature,
*Powers of Speaker of the House
The Speaker of the House is the most important leader in the House of Representatives. The Speaker holds the only legislative office mandated by the Constitution. In practice, the majority party selects the Speaker. Before each Congress begins, the majority party presents its candidate for Speaker, who— because this person attracts the unanimous support of the majority party—is a shoo-in. Typically, the Speaker is a senior member of the party. John Boehner of Ohio, who has served in Congress since 1991, was elected Speaker in 2011. The Speaker is also two heartbeats away from the presidency, being second in line (after the vice president) to succeed a president who resigns, dies in office, or is convicted after impeachment. Powers: Presides over the House when it is in session, Plays a major role in making committee assignments, which all members covet to ensure their electoral advantage, Appoints or plays a key role in appointing the party’s legislative leaders and the party leadership staff, Exercises substantial control over which bills get assigned to which committees
Discharge petition
infrequently used procedural maneuver to bring a bill out of committee for consideration by the full House if it has been stalled for more than 30 days
Safe district
Safe: 56% - 60% of the winning vote
Marginal district
<56% of the winning vote
*Differences between British Parliament and Congress
In Congress there is a balance of power between houses, represents all people (districts and entire states), does not have direct tie to executive seat, and representatives have set election times
Requirements to be a Congressman
25 years old, 7 years as a citizen, live in the state they’re running in
Requirements to be a Senator
30 years old, 9 years a citizen, live in the state they’re running in
Senate as “continuous” body
All of its seats are never up for election at the same time. ⅓ of the senate is always but for election every 2 years and once in the senate, you remain for 6 years when the next election for your seat takes place.
Voice Vote
group vote is taken on a topic or motion by responding vocally.
Division (Standing) Vote
presiding officer counts the senators voting yea and those voting no, to confirm the voice vote.
Teller Vote
each Member fills out and signs a vote tally card and submits it to a designated clerk teller. These votes are made electronically.
Roll-call Vote
members answering "yea" or "nay" to their names
Divided government
When congress’ 2 chambers are represented by different majority parties
Powers to influence foreign policy
Senate can offer advice and approval on treaties, confirms president’s diplomatic nominations.
Legislative oversight
the review, monitoring, and supervision of federal agencies, programs and policy implementation, and it provides the legislative branch with an opportunity to inspect, examine, review and check the executive branch and its agencies. They stay busy in legislative oversight, the process of monitoring the executive branch bureaucracy and its administration of policies, most of which Congress established by passing bills. Committees handle oversight mainly through hearings. When an agency wants a bigger budget, the relevant committee reviews its current budget. Even if no budgetary issues are involved, members of committees constantly monitor how the bureaucracy is implementing a law. Agency heads and even cabinet secretaries testify, bringing graphs, charts, and data on the progress they have made and the problems they face. Committee staffs and committee members grill agency heads about particular problems.
Formal/informal powers of the president
The president’s responsibilities are outlined in Article II of the Constitution and include: The power to call state units of the National Guard into service (in times of emergency he/she may be given the power by Congress to manage national security or the economy.) The power make treaties with Senate approval. He or she can also receive ambassadors and work with leaders of other nations. The power to nominate the heads of governmental departments, judges to federal courts and justices to the United States Supreme Court. All nominations must then be approved by the Senate. The power to issue pardons for federal offenses. The power to convene Congress for special sessions. The power to veto legislation approved by Congress. However, the veto is limited. It is not a line-item veto, meaning that he or she cannot veto only specific parts of legislation, and it can be overridden by a two-thirds vote by Congress.
Wars Powers Resolution
limit the President's authority to wage war and reasserted its authority over foreign wars. The President is required to notify Congress 48 hours after committing troops, forbids forces to stay for more than 90 days without congressional approval.
20th Amendment
Congress will assemble at least once a year, starting on Jan 3rd
22nd Amendment
Limits presidency to 2 4-year terms
25th Amendment
Vice president will take over for president if he dies
Line-item veto
Partial veto, power of an executive authority to nullify or cancel specific provisions of a bill, usually a budget appropriations bill, without vetoing the entire legislative package. Often used by state government but not the federal government.
Office of Management and Budget
produce the president's budget, but it also examines agency programs, policies, and procedures to see whether they comply with the president's policies and coordinates inter-agency policy initiatives. They stay busy in legislative oversight, the process of monitoring the executive branch bureaucracy and its administration of policies, most of which Congress established by passing bills. Committees handle oversight mainly through hearings. When an agency wants a bigger budget, the relevant committee reviews its current budget. Even if no budgetary issues are involved, members of committees constantly monitor how the bureaucracy is implementing a law. Agency heads and even cabinet secretaries testify, bringing graphs, charts, and data on the progress they have made and the problems they face. Committee staffs and committee members grill agency heads about particular problems.
Propinquity
the closer you are to power the more power you have. The rule of propinquity is quite simple, "the closer you are to power the more power you have." It can be found at the highest levels of government as well as in the most remote social networks. The rule of propinquity suggests that having the right connections makes a big difference.
Presidential veto/rules to overturn
President can reject a proposed bill that has received a majority vote in both houses, To override a veto, two-thirds of the Members voting, a quorum being present, must agree to repass the bill over the President’s objections
Veto message
Message sent to congress about why the bill was vetoed
Executive privilege
the privilege, claimed by the president for the executive branch of the US government, of withholding information in the public interest.
Executive orders/agreements
state mandatory requirements for the Executive Branch, and have the effect of law. There are two types of executive orders, proclamation and national security directives EOs. Proclamation EOs depend create national holidays and security and national security directive EOs focus on security and defense issues. Article II section 1 which grants executive power and section 3 further elaborates for the president to take care that the lawsbe faithfully be executed.
United States v. Nixon
President does not have executive privilege in immunity from subpoenas or other civil court actions.
Presidential succession (President to Defense Secretary)
President, Vice President, Speaker of the House, President Pro-Tempore, Secretary of State, Secretary of the Treasury, Secretary of Defense
Unitary Executive Theory
The unitary executive theory is a theory of United States constitutional law which holds that the President of the United States possesses the power to control the entire federal executive branch. Which of the following is an example of the unitary executive theory? The president as commander in chief can unilaterally commit troops to a foreign country.
White House Office
coordinates communications, policy, and logistics between the White House and the Cabinet, as well as managing issues that affect multiple federal agencies.
Bureaucracy
According to Weber, a bureaucracy depends on certain elements
Patronage
The practice of rewarding supporters by giving them permanent jobs in the civil service. spoils system, also called patronage system, practice in which the political party winning an election rewards its campaign workers and other active supporters by appointment to government posts and with other favours. The spoils system involves political activity by public employees in support of their party and the employees’ removal from office if their party loses the election. A change in party control of government necessarily brings new officials to high positions carrying political responsibility, but the spoils system extends personnel turnover down to routine or subordinate governmental positions. The term was in use in American politics as early as 1812, but it was made famous in a speech made in 1832 by Senator William Marcy of New York. In defending one of President Andrew Jackson’s appointments, Marcy said, “To the victor belong the spoils of the enemy.” In Marcy’s time, the term spoils referred to the political appointments, such as cabinet offices or ambassadorships, controlled by an elected official.
Spoils system
the practice of a successful political party giving public office to its supporters. Used by Andrew Jackson.
Civil service
The permanent professional branches of a government's administration, excluding military and judicial branches and elected politicians. The civil service is made up of individuals other than military personnel who are employed by federal, state, or local government entities. These individuals, also known as civil servants, are sometimes referred to as government bureaucrats or career administrators.
Pendleton Civil Service Act (1883)
Federal government jobs be awarded on the basis of merit and that government employees be selected through competitive exams. Arthur, himself a former spoilsman, signed the bill into law. The Pendleton Civil Service Act provided for the selection of some government employees by competitive exams, rather than ties to politicians or political affiliation.
Merit principle
Recruit qualified individuals from all segments of society; conduct fair and open competition; select and advance employees based solely on merit.
Hatch Act
Recruit qualified individuals from all segments of society; conduct fair and open competition; select and advance employees based solely on merit.At the same time, the Hatch Act, originally passed in 1939 and amended most recently in 1993, prohibits civil service employees from actively participating in partisan politics while on duty. While off duty they may engage in political activities, but they cannot run for partisan elective offices or solicit contributions from the public. Employees with sensitive positions, such as those in the national security area, may not engage in political activities even while off duty.
Office of Personnel Management
Encourage civil servants to participate in political activity. Manages the civil service of the federal government, coordinates recruiting of new government employees, and manages their health insurance and retirement benefits programs. The Office of Personnel Management (OPM) is in charge of hiring for most federal agencies. The president appoints its director, who is confirmed by the Senate. The OPM has elaborate rules about hiring, promotion, working conditions, and firing. To get a civil service job, usually candidates must first take a test. If they pass, their names are sent to agencies when jobs requiring their particular skills become available. For each open position, the OPM will send three names to the agency. Except under unusual circumstances, the agency must hire one of these three individuals. Each job is assigned a GS (General Schedule) rating ranging from GS 1 to GS 18. Salaries are keyed to rating and experience.
Senior Executive Service
Members of the SES serve in the key positions just below the top Presidential appointees. SES members are the major link between these appointees and the rest of the Federal workforce. They operate and oversee nearly every government activity in approximately 75 Federal agencies. a position classification in the civil service of the United States federal government equivalent to general officer or flag officer rank in the U.S. Armed Forces.At the very top of the civil service system (GS 16–18) are about 9,000 members of the Senior Executive Service, the “cream of the crop” of the federal employees. These executives earn high salaries, and the president may move them from one agency to another as leadership needs change. It was created in 1978 to give the president more flexibility in dealing with high level bureaurcrats.
Independent regulatory commission
A government agency responsible for some sector of the economy, making and enforcing rules to protect the public interest. It also judges disputes over these rules.
Government corporations
The federal government also has a handful of government corporations. These are not exactly like private corporations in which you can buy stock and collect dividends, but they are like private corporations—and different from other parts of the government—in two ways. First, they provide a service that could be handled by the private sector. Second, they typically charge for their services, though often at rates cheaper than those the consumer would pay to a privatesector producer. The TVA was the first government corporation.
Independent executive agencies
Th e independent executive agencies are essentially all the rest of the government—the agencies that are not cabinet departments, regulatory commissions, or government corporations. Th eir administrators typically are appointed by the president and serve at his will. Some 45 to 50 such agencies are listed in the current United States Government Manual. Among the biggest (in size of budget) are the following: National Science Foundation (NSF), the agency supporting scientific research, General Services Administration (GSA), the government’s landlord, which handles buildings, supplies, and purchasing, and National Aeronautics and Space Administration (NASA), the agency that takes Americans to the moon and points beyond
Federal Reserve Board
FRB ( Federal Reserve Board), charged with governing banks and, even more importantly, regulating the supply of money and thus interest rates. monitors financial system risks and engages at home and abroad to help ensure the system supports a healthy economy for U.S. households, communities, and businesses.
Iron triangles
committees in the House and Senate, federal departments and agencies, and think tanks and interest groups all work together to develop and conserve their own power, and expand their political influence.
Issue networks
an alliance of various interest groups and individuals who unite in order to promote a common cause or agenda in a way that influences government policy. In recent years,the system of subgovernments has become overlaid with an amorphous system of issue networks. These networks have led to more widespread participation in bureaucratic policymaking, including by many who have technical policy expertise and are drawn to issues because of intellectual or emotional commitments rather than material interests. Those concerned with environmental protection, for example, have challenged formerly closed subgovernments on numerous fronts. This opening of the policymaking process complicates the calculations and decreases the predictability of those involved in the stable and relatively narrow relationships of subgovernments.
Legislative veto
a provision that allows a congressional resolution (passed by a majority of congress, but not signed by the President) to nullify a rulemaking or other action taken by an executive agency. It is a provision whereby Congress passes a statute granting authority to the President and reserving for itself the ability to override, through simple majority vote, individual actions taken by the President pursuant to that authority. It has also been widely used by state governments.
INS v. Chadha (1983)
the court held that the legislative veto was an unconstitutional violation of the United States Constitution's separation of powers. In one section of the Immigration and Nationality Act, Congress authorized either House of Congress to invalidate and suspend deportation rulings of the United States Attorney General. Chadha had stayed in the U.S. past his visa deadline. Though Chadha conceded that he was deportable, an immigration judge suspended his deportation. The House of Representatives voted without debate or recorded vote to deport Chadha. This case was decided together with United States House of Representatives v. Chadha and United States Senate v. Chadha. Did the Immigration and Nationality Act, which allowed a one-House veto of executive actions, violate the separation of powers doctrine? The Court held that the particular section of the Act in question did violate the Constitution. Recounting the debates of the Constitutional Convention over issues of bicameralism and separation of powers, Chief Justice Burger concluded that even though the Act would have enhanced governmental efficiency, it violated the "explicit constitutional standards" regarding lawmaking and congressional authority.
National Performance Review
the federal government's implementation of the concepts of reinventing government. patronage. the power to control appointments to office or the right to privileges.What was the purpose of President Clinton's National Performance Review? To make suggestions for reforming the federal bureaucracy. National performance review. The National Performance Review (NPR) is the federal government's implementation of the concepts of reinventing government. patronage. the power to control appointments to office or the right to privileges. The National Partnership for Reinventing Government (NPR), originally the National Performance Review, was an interagency task force created under the Clinton administration to reform the way the United States federal government works.
Freedom of Information Act (1966)
a federal law that generally provides that any person has a right, enforceable in court, to obtain access to federal agency records. the Freedom of Information Act, which allows the public to gain access to government documents. Members of Congress have sought unsuccessfully for years to get the Army to explain the contracts for Blackwater USA security officers in Iraq, which involve several costly layers of subcontractors. Partly because of the relative lack of openness, efforts to privatize public services have been marked by extensive corruption and sometimes by extensive cost overruns.
Amicus curiae briefs
Judicial lobbying by outsiders. They submit briefs to the Supreme Court. Ex
Original jurisdiction
The power to hear a case for the first time, usually in a lower court. (Related to Appellate Jurisdiction)
Appellate jurisdiction
When a higher court has the power to review a lower court's decision. (Related to Originial Jurisdiction)
District courts
A series of 94 lower courts. Lowest level, almost all cases end up here, all states have at least one.
Courts of Appeals
next level up from district courts, 13 circuit courts, gets appealed to if there is disagreement in the district courts.
*Senatorial courtesy
Agreement among senators not to vote for any presidential nominee who is opposed to the senators from the nominee’s home state.
Writ of certiorari
All documents from lower courts relating to a case must IMPARTIALLY go to the Supreme Court, meaning no voicing any opinions whatsoever.
*In forma pauperis
Poverty cannot restrict you from access to the court, but it can’t buy you access to saul goodman.
Solicitor general:
The task of the Office of the Solicitor General is to supervise and conduct government litigation in the United States Supreme Court. Virtually all such litigation is channeled through the Office of the Solicitor General and is actively conducted by the Office.
Majority opinion
In law, a majority opinion is a judicial opinion agreed to by more than half of the members of a court. A majority opinion sets forth the decision of the court and an explanation of the rationale behind the court's decision. Not all cases have a majority opinion.
Dissenting opinion
A dissenting opinion refers to an opinion written by an appellate judge or Supreme Court Justice who disagrees with the majority opinion in a given case. A party who writes a dissenting opinion is said to dissent. A dissenting opinion is an opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment. When not necessarily referring to a legal decision, this can also be referred to as a minority report.
Concurring opinion
In law, a concurring opinion is in certain legal systems a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different reasons as the basis for their decision.
Stare decisis
A decision in court made based on previous court cases or using previous court cases that are similar to present case to rule on the case.
Judicial review
The best-known power of the Supreme Court is judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution, is not found within the text of the Constitution itself. The Court established this doctrine in the case of Marbury v. Madison (1803).
Judicial restraint
In general, judicial restraint is the concept of a judge not injecting his or her own preferences into legal proceedings and rulings. Judges are said to exercise judicial restraint if they are hesitant to strike down laws that are not obviously unconstitutional.
Judicial activism
By definition, judicial activism describes how a justice approaches judicial review, where judicial activists abandon their responsibility to interpret the Constitution and instead decide cases to advance their preferred policies. Judicial activism is a judicial philosophy holding that the courts can and should go beyond the applicable law to consider broader societal implications of its decisions. It is sometimes used as an antonym of judicial restraint.
Briefs
A brief is a written argument submitted to the court. Lawyers often prepare briefs which highlight and clarify certain information or provide legal comparisons in an attempt to persuade the courtroom to rule in favor of that lawyer's client.
Powers to influence foreign policy:
Decides if treaties are Constitutional
Note 
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