Topic 2 Exam Study Guide: Congress, Presidency, Judiciary & Related Constitutional Topics

Practice flashcards covering key concepts, numerical details, institutional structures, and landmark cases for Topic 2 Exam.

What are the voting membership size and minimum age requirements for the U.S. House of Representatives and the U.S. Senate?

The U.S. House of Representatives has 435 voting members with a minimum age requirement of 25. The U.S. Senate has 100 voting members with a minimum age requirement of 30.

How frequently does redistricting occur for U.S. House district lines?

Redistricting occurs every 10 years, following the census.

Which occupational group is significantly overrepresented in Congress relative to other occupational groups?

Lawyers are significantly overrepresented relative to blue-collar workers, homemakers, clerical workers, and women overall.

What is the role of standing committees in Congress?

They are permanent committees with jurisdiction over specific policy areas that hold authority to draft, rewrite, and recommend legislation.

What type of committee is formed to resolve differences when the House and Senate pass different versions of a bill?

A conference committee.

How do joint committees, select committees, and the House Rules Committee differ in function?

Joint committees handle coordination between chambers, select committees are temporary bodies for special issues, and the House Rules Committee establishes floor procedures.

What occurs during the mark-up stage of a bill in committee?

The bill is revised and amended line by line.

What is a filibuster, and how can it be ended in the Senate?

A filibuster is a Senate procedural tactic used to prevent a bill from coming to a vote, and it can be ended by a cloture vote.

What is pork-barrel legislation?

Pork-barrel legislation (or pork) is legislation whose tangible benefits are targeted solely at a particular legislator's constituency.

How is the Speaker of the House's power generally described relative to other elected national officials?

The Speaker of the House is often described as the second-most powerful elected national official after the president.

What vote margin is required in Congress to override a presidential veto?

A two-thirds majority vote in each chamber of Congress.

What are the respective roles of the House and Senate in the impeachment and conviction process?

The House of Representatives holds the power to impeach, while the Senate conducts the trial for conviction and potential removal in separate proceedings.

How did the Framers view Congress's status relative to the other branches of the federal government?

The Framers regarded Congress as the preeminent (most important) component of the federal government.

How do the Whig theory and stewardship theory of the presidency differ?

The Whig theory views the presidency as a limited administrative office bound to carry out the will of Congress, whereas the stewardship theory holds that the president can do anything not expressly forbidden by the Constitution or statutes.

Which president is associated with shifting emphasis away from the Whig theory toward the stewardship theory?

Theodore Roosevelt.

What are the formal constitutional barriers to holding the office of the President of the United States?

Natural-born citizenship, being at least 35 years of age, and being a resident of the United States for at least 14 years.

What constitutional provisions form the primary basis for the president's role as chief diplomat?

Constitutional provisions granting the power to appoint and receive ambassadors.

Which Federalist paper by Alexander Hamilton discussed limits on presidential war powers?

Federalist No. 69.

What congressional act was explicitly enacted to limit the president's war-making powers?

The War Powers Act.

What publication lists the several thousand administration positions that the president can appoint?

The PLUM Book.

Which major administrative units are included within the Executive Office of the President (EOP)?

The Office of Management and Budget, National Economic Council, National Security Council, and Office of Legislative Affairs.

According to Federalist arguments, why should the administrative state be structured to execute the president's will?

To maintain executive accountability to the president and, ultimately, to the people.

What is the presidential honeymoon period, and which president accomplished the most during his early months due to crisis conditions?

The honeymoon period is the early part of a term when public and congressional support is highest; Franklin D. Roosevelt accomplished the most during this time due to the Great Depression.

What is the most important factor in determining whether a president gets preferred outcomes from Congress?

The partisan makeup of Congress.

How is the federal court system structured across its three main levels?

The lowest level consists of district courts, the intermediate level consists of U.S. courts of appeals (13 circuits), and the highest level is the Supreme Court.

What are the constitutional requirements for becoming a federal judge?

There are no constitutional requirements regarding age, citizenship, residency, or professional credentials.

In what specific set of cases does the Supreme Court exercise original jurisdiction?

Cases involving foreign diplomats and cases in which a state is a party.

What is a writ of certiorari, and in how many cases does the Supreme Court grant it each year?

It is an order directing a lower court to send up the record of a case for review; the Supreme Court grants certiorari in fewer than 100 cases each year.

What is an amicus curiae brief?

An amicus curiae ('friend of the court') brief presents the views of an interest that is not a direct party to the case.

How do stare decisis and precedent guide judicial decisions?

Precedent is a prior judicial decision establishing a rule for similar cases, while stare decisis is the legal principle of adhering to established precedents.

How do plurality, concurring, and dissenting Supreme Court opinions differ?

A plurality opinion represents the reasoning of most justices siding with the winning party without a majority opinion; a concurring opinion is written by a justice who votes with the majority but disagrees with or expands upon its reasoning; a dissenting opinion disagrees with the majority decision.

Which Federalist paper addresses the judiciary's role and the basis for determining whether a law is unconstitutional?

Federalist No. 78.

What core issue was addressed in West Virginia State Board of Education v. Barnette?

Compulsory flag salute and Pledge of Allegiance in public schools.

What principle and standard were established in Tinker v. Des Moines Independent Community School District?

The 'schoolhouse gate' principle and the substantial disruption standard regarding student and teacher free expression rights.

What constitutional issue was decided in Engel v. Vitale?

It ruled that official, state-sponsored prayer in public schools violates the Establishment Clause of the First Amendment.

What core First Amendment issue was declared unconstitutional in Abington School District v. Schempp?

Mandatory Bible reading and state-sponsored prayer in public schools under the Establishment Clause.

What constitutional ruling was made in Santa Fe Independent School District v. Doe regarding prayer at school events?

Student-led, student-initiated prayer broadcast over a public address system at public high school football games violates the Establishment Clause.

What First Amendment standard was affirmed in Kennedy v. Bremerton School District?

Personal, quiet post-game prayer by a public high school coach is protected religious expression under the Free Exercise and Free Speech Clauses.

What issue was addressed by the Supreme Court in Citizens United v. Federal Election Commission?

Restrictions on corporate and union independent spending in federal election campaigns.

What four circumstances can cause reelection difficulties for congressional incumbents?

Disruptive national issues, personal misconduct or corruption charges, midterm elections when belonging to the president's party, or perceived vulnerability that attracts heavy outside spending for a challenger.