American Government: Congress, the Presidency, Bureaucracy, Civil Liberties, and the Courts

Comprehensive practice flashcards covering Congress, the presidency, the federal bureaucracy, civil liberties, and the federal courts from American government lecture notes.

What is the trustee model of representation?

A model where a representative relies on his own judgment and conscience, guided by the national interest, even if this means voting against the majority preference of his district.

What is the delegate model of representation?

A model where a representative reflects the interests of her district, channeling the preferences of her constituency, even if this means voting against the broader national interest.

How is a principal-agent relationship defined in political science?

An arrangement that exists when one person or entity (the agent) acts on behalf of another person or entity (the principal).

What is the central question regarding the principal-agent relationship in Congress?

How to best ensure that the agents (Representatives and Senators) will do what the principals (voters) want.

What is sociological representation (also known as descriptive representation)?

The theory that agents (members of Congress) are more likely to faithfully represent their principals (constituents) if the agents are more like their principals in terms of socioeconomic status, religion, ethnicity, and background.

What is agency representation (also known as substantive representation)?

The theory that what makes an elected official an effective agent is that they are subject to accountability and can be fired by the voters.

According to Gallup data from 1992 to 2020 shown in lecture, what persistent paradox exists regarding how Americans view congressional reelection?

A majority of Americans consistently believe their own local representative deserves reelection, while a much smaller percentage believe that most members of Congress deserve reelection.

How many women were elected to serve in the 119th Congress according to the lecture data?

150 women (representing about a quarter of Congress, which was one fewer than the number serving in the 118th Congress).

According to Pew Research Center data for the 119th Congress, which non-White racial group had the largest number of members?

Black members, with 66 members seated, followed by Hispanic (53), Asian American and Pacific Islander (21), and Native American and Alaska Native (4).

What percentage of the U.S. House of Representatives in the 119th Congress identified as Protestant compared to Catholic?

54.7% identified as Protestant (237 members) and 29.1% identified as Catholic (126 members).

What does Article I, Section 1 of the U.S. Constitution establish?

The Vesting Clause for the legislature, stating that all legislative powers granted shall be vested in a Congress of the United States, consisting of a Senate and House of Representatives.

What are the term length and basis of representation in the House of Representatives?

Two-year terms with representation based on population, designed to directly and rapidly reflect citizens' preferences.

What are the term length and basis of representation in the Senate?

Six-year staggered terms with two Senators per state, designed to protect the chamber from rapid shifts in public opinion.

How does internal organizational power differ between the House and the Senate?

Power is centralized in the House and governed overwhelmingly by formal rules, whereas power is relatively evenly distributed in the Senate where personal relationships across the aisle are crucial.

How do debate limitations differ between the House and the Senate?

The House operates under strict formal limitations on debate, whereas the Senate has no required debate limits, requiring a cloture vote of 60 senators to end debate.

According to Article I, Section 5, what constitutes a quorum and what vote is required to expel a member?

A majority of each house constitutes a quorum to do business, and a two-thirds vote is required to expel a member.

Where must all bills for raising revenue originate under Article I, Section 7?

In the House of Representatives, though the Senate may propose or concur with amendments.

What margin of voting is required in both houses of Congress to override a presidential veto?

A two-thirds vote in both the House of Representatives and the Senate.

What is the Necessary and Proper Clause in Article I, Section 8?

The clause giving Congress the power to make all laws necessary and proper for carrying into execution its enumerated powers and all other powers vested in the U.S. government.

What is the distinction between expressed powers and implied powers of Congress?

Expressed powers are explicitly stated and listed in the Constitution, whereas implied powers are not explicitly stated but are seemingly implied by the powers that are expressly stated.

What power is granted to Congress under the Commerce Clause in Article I, Section 8?

The power to regulate commerce with foreign nations, among the several states, and with the Indian tribes.

What three fundamental limitations on federal power are specified in Article I, Section 9?

The Writ of Habeas Corpus shall not be suspended except in cases of rebellion or invasion, and no Bill of Attainder or ex post facto Law shall be passed.

In legislative politics, what is 'logrolling'?

A vote-trading arrangement where members exchange support for projects: Joe votes for a project that Sue thinks will gain her votes, and Sue does the same for Joe.

Why does Congress frequently pass legislation that provides benefits to the few at the cost of the many?

Because constituents who receive concentrated benefits know they specifically benefited and reward the legislator, while the costs are so diffuse across all citizens that they do not harm reelection prospects.

What collective action problem arises when legislators consider imposing direct costs on identifiable groups?

Legislators are hesitant to impose concentrated costs on identifiable groups even when doing so would produce greater, but diffuse, benefits to all citizens (such as requiring antipollution equipment).

What are two potential solutions for overcome the congressional tendency toward logrolling and concentrated benefits?

Delegating authority to bureaucratic agencies or state governments, and framing votes to highlight general benefits while minimizing individual responsibility for specific costs (e.g., the 1986 tax reform).

What is 'agenda control' in congressional policymaking?

Control over the set of choices available to others, specifically determining which options or bills others will have the opportunity to vote on.

Why does the legislative process have an institutional 'bias against action'?

Because passing a bill requires a sustained sequence of victories across numerous veto players and veto points, whereas opponents need to win only once to defeat a bill.

What two-step process in each chamber is required for most legislative spending?

First, the committee with jurisdiction writes an authorization bill that must pass each chamber; second, the Appropriations Committee writes a separate appropriations bill that must also pass each chamber.

In the House of Representatives, what is the role of the Rules Committee?

It decides whether to schedule a bill and creates the specific rules governing debate, speaking limits, and amendments before consideration by the full House.

What is the function of a Conference Committee in the legislative process?

To reconcile differences between House and Senate versions of a bill if both chambers have passed differing versions.

What occurs when the President does not sign a bill and Congress remains in session for 10 days?

The bill becomes law automatically without presidential signature.

What is a pocket veto?

A veto that occurs when the President takes no action on a bill and Congress adjourns within 10 days of passing it, effectively killing the bill.

How does a filibuster operate as a veto point in the Senate?

A senator or group of senators can prolong debate indefinitely to block a vote on a bill unless 60 senators vote for cloture.

What is a 'motion to recommit' in the House of Representatives?

A procedural move passed on the House floor to send a bill back to committee, which effectively stalls or kills the bill.

What are four external ways a member of Congress can be influenced to introduce a bill?

By the president (campaign promises, State of the Union), interest groups (lobbying, donations), voters (protests, polling), or external events (crises, dramatic media coverage).

What was Alexander Hamilton's argument in Federalist No. 84 against adding a Bill of Rights?

He argued that declaring things shall not be done implies a power to do them, asking why liberty of the press should be restrained when no constitutional power was given to impose restrictions.

How does minority party power differ between the House and the Senate?

In the House, the majority party generally gets what it wants and the minority party has little power; in the Senate, the minority party is very powerful due to unlimited debate rules and filibusters.

Why did the Framers design staggered six-year terms for Senators compared to two-year terms for House members?

To insulate the Senate from sudden swings in public passion and popular opinion, creating institutional stability while keeping the House rapidly responsive to voters.

In the lecture's core takeaways, what are the 'second acts' of elections and the passage of laws?

The second act of elections is lobbying; the second act of passing laws is administrative rule-making and enforcement.

What two constitutional roles are combined in the office of the American Presidency?

Head of Government (the political leader who directs policy and administration) and Head of State (the ceremonial representative and living symbol of the nation).

What military power is expressly granted to the President under Article II, Section 2?

The President is Commander in Chief of the Army and Navy of the United States, and of the state militias when called into actual service.

What clemency powers are granted to the President under Article II, Section 2, and what is their sole exception?

The power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

What treaty and appointment powers does Article II, Section 2 grant to the President?

The power to make treaties with the concurrence of two-thirds of the Senate, and to nominate ambassadors, judges of the Supreme Court, and federal officers with the Senate's advice and consent.

What are recess appointments under Article II, Section 2?

Temporary presidential commissions to fill vacancies that occur during the recess of the Senate, expiring at the end of the Senate's next session.

What administrative duties are assigned to the President under Article II, Section 3?

Giving Congress State of the Union information, recommending expedient measures, convening or adjourning Congress on extraordinary occasions, receiving ambassadors, taking care that laws are faithfully executed, and commissioning officers.

How does the phrasing of the Vesting Clause in Article I differ critically from Article II?

Article I grants Congress only legislative powers 'herein granted,' whereas Article II vests 'The executive Power' in the President without the 'herein granted' restriction.

What is an inherent or implicit presidential power?

A power not derived from another power, owing instead to the 'nature of sovereignty' or to a loose interpretation of constitutional executive language.

What are delegated powers in the context of the executive branch?

Powers given or delegated to the Executive branch and its agencies by Congress through legislation.

How is an 'executive order' defined?

A presidential directive to an executive agency establishing new policies or indicating how an existing policy is to be carried out.

Which two presidents issued the highest number of executive orders during their first 100 days between 1933 and 2025?

Donald Trump in his second term (2025) with 103 orders, followed closely by Franklin D. Roosevelt (1933) with 99 orders.

What are two defining characteristics of the Modern Presidency identified in lecture?

An expanded executive branch and federal bureaucracy to administer policies, and the President emerging as the dominant legislative actor.

What does the Take Care Clause of Article II, Section 3 require of the President?

He shall 'take Care that the Laws be faithfully executed.'

What legislative check does Article I, Section 7 confer upon the President?

The veto power: every bill passed by Congress must be presented to the President to sign or return with objections.

How can Congress alter the appointment process for inferior officers under Article II, Section 2?

Congress may by law vest the appointment of inferior officers in the President alone, in the courts of law, or in the heads of departments.

What is the basic purpose of government bureaucracies?

They are charged with implementing, administering, and enforcing laws and public policies.

According to Christine Barbour and Gerald Wright in 'Keeping the Republic,' how many regulations govern the average cheeseburger in America?

Over 40,000 federal and state regulations, specifying everything from the bun's flour vitamin content to ketchup flow speed for Grade A Fancy certification.

What are Max Weber's five defining features of a bureaucracy?

Hierarchy, Specialization, Explicit Rules, Impartiality, and Merit.

How is a bureaucracy formally defined in the lecture?

A complex structure of offices (positions, not physical rooms), tasks, and rules in which individuals have specific responsibilities and work within a hierarchy of authority.

How do legislation and administrative regulation differ in their origin and legal inspiration?

Legislation is written or introduced by a senator or representative and inspired by anything (as long as constitutional); regulation is written by an agency and inspired by ambiguity in existing law.

How does public participation differ between legislative drafting and administrative rule-making?

Legislation is influenced via voting and lobbying; regulation requires a public notice-and-comment period where the agency must legally respond to submitted comments.

What legal authority do bureaucratic regulations carry once finalized?

Regulations carry the binding force of law, provided they are based on statutory authority granted by Congress.

What characterizes the 'open end' of the spectrum of delegated bureaucratic power?

Congress grants broad powers to an agency to achieve a wide objective (e.g., promote exports or protect health) with little guidance on how to achieve that end.

How do the Clean Air Act Amendments of 1990 exemplify the open end of delegated power?

They instruct the Administrator to promptly promulgate regulations if any substance or activity is reasonably anticipated to affect stratospheric ozone and endanger public health.

What characterizes the 'partially open' part of the spectrum of delegated power?

Congress writes relatively precise laws (such as Section 804 of the Fair Housing Act), but agencies must make rules to fill in specific details and cover contingencies.

What characterizes the 'virtually closed' end of the spectrum of delegated power?

Legislation is so precise and complete (such as income tax law) that administrative agencies do not need to determine the specifics.

Why does the federal bureaucracy present a dual principal-agent problem?

Because agencies are created by Congress but placed under the executive authority of the President, meaning bureaucrats have two principals who may have conflicting desires.

What are four methods Congress uses to exercise control over federal bureaucracies?

Controlling funding/appropriations, holding hearings and investigations, requiring mandatory reports, and conducting audits via the General Accounting Office (GAO) and Inspectors General.

What key methods does the President use to control federal agencies?

Making political appointments, managing budgets and regulations through the Office of Management and Budget (OMB), issuing executive orders, and creating new agencies.

What does the phrase 'marry the natives' mean regarding presidential appointments to agencies?

When political appointees end up adopting the perspectives, goals, and institutional culture of the civil service agency they were appointed to direct.

What are the primary individual incentives of career civil servants?

Greater authority and autonomy, a desire to do good, and job security/advancement.

Why are career civil servants incentivized to stick to rigid routines rather than try new innovations?

They do not profit personally from increased efficiency, but are likely to be punished if an innovation causes problems; following routine ensures any failure is blamed on the procedure rather than the bureaucrat.

What are the primary benefits and drawbacks of a merit-based civil service system?

Benefits include the end of the spoils system and deep expertise; drawbacks include bureaucratic entrenchment, reduced responsiveness to elected officials and citizens, and the ability of agents to hide information.

What is 'agency capture'?

The process whereby a government agency established to regulate an industry ends up being largely controlled by the industry it was supposed to regulate.

Who was Dr. Frances Kelsey, and what notable bureaucratic action is she famous for?

An FDA medical reviewer who refused to approve the drug thalidomide despite intense commercial pressure, preventing widespread birth defects and receiving the President's Award for Distinguished Civilian Service.

What is the difference between civil liberties and civil rights?

Civil liberties are protections from improper government action; civil rights are legal rights to participate equally in society and politics, free from discrimination based on protected characteristics.

What five fundamental freedoms are guaranteed under the First Amendment?

Freedom of religion (establishment and free exercise), freedom of speech, freedom of the press, freedom of assembly, and the right to petition the government.

What rights are protected under the Second and Third Amendments?

The Second Amendment protects the right of the people to keep and bear arms; the Third Amendment prohibits the quartering of soldiers in private homes without owner consent in peacetime.

What protection does the Fourth Amendment provide to citizens?

Protection against unreasonable searches and seizures, requiring warrants supported by probable cause describing the place to be searched and persons or things to be seized.

What legal protections are provided by the Fifth Amendment?

Grand jury indictment for capital crimes, protection against double jeopardy and self-incrimination, guarantee of due process of law, and just compensation for private property taken for public use.

What trial rights are guaranteed under the Sixth Amendment?

The right to a speedy and public trial by an impartial jury, to be informed of accusations, to confront witnesses, to compulsory process for obtaining defense witnesses, and the assistance of counsel.

What was the ruling in Barron v. Baltimore (1833)?

The Supreme Court ruled that the Bill of Rights applies only to the actions of the federal government, not to state or municipal governments.

What guarantees are established by Section 1 of the Fourteenth Amendment?

Birthright citizenship, privileges and immunities protection, the Due Process Clause restricting states, and the Equal Protection Clause.

What is 'incorporation' in constitutional law?

The process of applying the Bill of Rights to state and local governments by incorporating those rights into the Fourteenth Amendment's Due Process Clause.

In which 2010 case did the Supreme Court selectively incorporate the Second Amendment right to bear arms?

McDonald v. City of Chicago (2010).

Which provisions of the Bill of Rights remain formally unincorporated to state governments?

The Third Amendment (quartering of soldiers), Fifth Amendment (grand jury indictment), Seventh Amendment (civil jury trial), and Eighth Amendment (prohibition on excessive fines or bail).

What is the wording and purpose of the Ninth Amendment?

'The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people,' meaning rights are not limited solely to those listed in the text.

In Griswold v. Connecticut (1965), how did Justice Douglas deduce a constitutional right to privacy?

He argued that specific guarantees in the Bill of Rights have 'penumbras' formed by 'emanations' from the First, Third, Fourth, Fifth, and Ninth Amendments that create constitutional zones of privacy.

What tenure and salary protections do federal judges possess under Article III, Section 1?

Judges of both the Supreme Court and inferior courts hold their offices during 'good Behaviour' (life tenure) and receive a compensation that cannot be diminished during their continuance in office.

In which specific cases does the U.S. Supreme Court have original jurisdiction under Article III, Section 2?

In all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be a party.

How does Article III, Section 3 define the crime of Treason against the United States?

Treason consists only in levying war against the U.S., or in adhering to their enemies, giving them aid and comfort.

What specific evidentiary requirement is mandated to convict an individual of treason?

The testimony of two witnesses to the same overt act, or a confession in open court.

What argument did Alexander Hamilton make in Federalist No. 78 regarding the role of the judiciary?

The interpretation of laws is the proper and peculiar province of the courts; when a statute conflicts with the fundamental law of the Constitution, the Constitution must be preferred.

What landmark principle did Chief Justice John Marshall establish in Marbury v. Madison (1803)?

Judicial review: the authority of the Supreme Court to declare acts of Congress and executive actions unconstitutional and void.

What are the three tiers of the federal court hierarchy that review cases before they reach the Supreme Court?

U.S. District Courts (trial level), U.S. Court of Appeals (intermediate appellate level), and the Supreme Court of the United States.

How does a case progress through the state judicial system to reach the U.S. Supreme Court?

From State Trial Courts to the State Court of Appeals, up to the State Supreme Court, which can then be appealed to the Supreme Court of the United States via a request for review.

Where must federal criminal trials be held according to Article III, Section 2?

By jury in the State where the said crimes were committed.

What is appellate jurisdiction in the federal judicial system?

The authority of higher courts to review, uphold, or reverse the decisions and findings of lower trial courts on matters of law and procedure.

What limitation does Article III, Section 3 impose on punishments declared for treason?

No attainder of treason shall work Corruption of Blood, or Forfeiture except during the life of the person attainted (preventing the punishment of heirs).

What is the Free Rider problem in political action, and how does it differentially impact interest groups?

The difficulty of mobilizing individuals to contribute to collective goods when they can enjoy the benefits without paying the cost; it severely harms large, diffuse public groups much more than small, concentrated economic groups.