Congress, The President, and The Supreme Court

Flashcards reviewing the structure, powers, and checks and balances of the legislative, executive, and judicial branches of the U.S. government.

What is the main work of Congress?

To make laws

What are enumerated powers?

Powers specifically listed in Article 1 Section 8 of the Constitution

What is the 'power of the purse'?

Congress's control over federal money

What are some examples of Congress's enumerated powers?

Power to raise revenue, pass federal budget, foreign policy and military legislation, ability to declare war, determining citizenship process, regulate interstate commerce, create federal courts, and conduct oversight.

What are implied powers?

Powers Congress has that are not explicitly stated in the Constitution but are deemed necessary and proper to carry out enumerated powers.

What is the structure of Congress?

A bicameral legislature consisting of the House of Representatives and the Senate.

How is representation in the House of Representatives determined?

Reapportioned by the population of each state; there are 435 representatives.

How is representation in the Senate determined?

Each state has 2 senators, for a total of 100 senators.

What must happen for a bill to pass Congress?

Both houses must pass identical bills.

Who is the highest-ranking member in the House of Representatives leadership?

The Speaker of the House, chosen by majority vote and always represents the majority party.

What do majority and minority leaders do in the House?

Direct debate and guide party members in policy making issues.

What does the Whip do in Congress?

Enforces party discipline and ensures members are in line with party goals.

Who is the highest-ranking member in the Senate?

The Vice President (though they are not a voting member except in the case of a tie).

What does the President Pro Tempore do?

Takes the place of the VP when the VP is absent from the Senate

What does the Senate Majority Leader do?

Sets the legislative agenda and determines which bills reach the floor for debate.

What are the main types of committees in Congress?

Standing, Joint, Select, and Conference Committees

What is a standing committee?

Permanent committees that are always in place (e.g., Senate Standing Committee on Budget, House Judiciary Committee).

What is a joint committee?

A committee that includes members of both the House and the Senate.

What is a select committee?

Temporary committees created for a specific purpose (e.g., to investigate a scandal).

What is a conference committee?

A committee formed when the Senate and House cannot agree on an identical version of a bill.

What are the main steps for a bill to become a law?

Introduction of the bill, assignment to a committee, hearings and markup, voting, and presidential action.

What is 'logrolling' in the context of voting on bills?

An agreement where members of Congress agree to vote for each other's bills.

What are Congress's biggest tasks in terms of budget?

Creating a budget, determining mandatory spending and discretionary spending

What are the primary sources of government income?

Income tax, other taxes, and tariffs.

How does political polarization affect Congress's work?

It can affect the efficiency with which Congress does its work, as Republicans have become more conservative and Democrats more liberal.

What is the Trustee Model of representation?

Representatives are trusted by their constituents to vote according to their best judgment.

What is the Delegated Model of representation?

Representatives vote according to the will of their constituency, even if it goes against their own judgment.

What is the Politico Model of representation?

A mix of both delegated and trustee models; the approach depends on the situation.

What is redistricting?

Redrawing congressional districts based on a census conducted every 10 years.

What was the significance of Baker v. Carr?

Established 'one person, one vote,' ensuring equal protection under the 14th Amendment.

What is gerrymandering?

Drawing districts to benefit one group over another.

What was the significance of Shaw v. Reno?

Ruled that drawing districts solely based on race is unconstitutional, violating the 14th Amendment's equal protection clause.

What are the president's formal powers as outlined in Article 2?

Veto power and serving as Commander-in-Chief.

How can Congress override a presidential veto?

With a 2/3rds vote in both the House and Senate.

What is the 'bully pulpit'?

The president's ability to use their platform to influence public opinion and shape the policy agenda.

What are executive orders?

Orders from the president to the bureaucracy on how a bill should be implemented.

What is the Senate's role in presidential appointments?

The Senate has the power of 'advice and consent' and approves or denies the president’s nominees.

Which presidential appointments does the Senate NOT have a say in?

Ambassadors and White House staff

How are federal court nominations handled?

Nominated by the president and confirmed by the Senate, because judges have life terms.

How does the Supreme Court check the other branches of government?

Through the power of judicial review.

What is the Supreme Court's original jurisdiction?

Cases involving two or more states and cases involving foreign ministers, ambassadors, etc.

What protections does the Court have from other branches?

Lifetime appointments and being appointed (not elected) to insulate them from the public.

How can a Supreme Court decision be overruled?

By a new (contrary) Supreme Court decision or a Constitutional Amendment contrary to the decision.

What is judicial review?

The power to check the constitutionality of laws.

What was the significance of Marbury v. Madison?

Established the Court's power of judicial review.

What are the three levels of the federal court system?

District Courts, Courts of Appeal, and the Supreme Court.

What is 'stare decisis'?

To stand by previous decisions (precedent).

What are some examples of overturned Supreme Court precedents?

Plessy v. Ferguson overturned by Brown v. Board, Roe v. Wade overturned by Dobbs v. Jackson.

What is judicial activism?

A judge uses his or her own policy views in legal precedents rather than the honest interpretation of the Constitution.

What is judicial restraint?

A judge doesn’t consider his or her own beliefs in legal precedents and sticks to the word-for-word translation of the Constitution.

What is the role of the 15 executive departments?

To lead and manage specific areas of the executive branch (e.g., Department of Homeland Security).

What are independent regulatory agencies?

More independent, fall under the executive authority and created for a very specific purpose.

What is the 'iron triangle'?

The relationship between agencies, congressional committees, and interest groups.

What is delegated discretionary authority?

Authority given to the bureaucracy by Congress that gives the agencies discretion on how to make rules and carry out laws, makes Congress’ laws specific

What are some examples of agencies with delegated discretionary authority?

Department of Homeland Security, Department of Transportation, Department of Veterans Affairs, Department of Education, Environmental Protection Agency, Federal Elections Commission, Security and Exchange Commission.

How does Congress exercise oversight over the bureaucracy?

By calling heads of agencies to testify and give reports on their progress, and through the power of the purse (allocating funds).

How can the President check the bureaucracy?

By firing people.

How can the judiciary check the bureaucracy?

Through judicial review over the constitutionality of bureaucratic decisions.