unit 2

people in the house

435 members total, live in state, at least 25 yrs old, citizen for 7, 2 yr terms

oversight hearings

make department heads testify to provide info

civil servants

are government employees who work in the bureaucracy to carry out laws, implement public policies, and provide government services.

Key things to know

• Hired based on merit: Many civil servants are hired through qualifications, exams, and experience rather than political connections.

• Nonpartisan: They are generally expected to perform their jobs regardless of which political party controls the government.

• Implement policies: They put laws passed by Congress and policies established by the president into action.

• Provide expertise: They have specialized knowledge that helps the government function effectively.

• Remain in their jobs across administrations: Many career civil servants continue working when a new president takes office.

how does congress/prez/scotus check bureuacuracy

committee hearsings: directiors of agencies check in

power of the purse

appoibt ppl but cant cire heads

executive ordres

complaice monotoring: when an agency imposes rulesthey must for ppl to complyw which takes longer

ppl can aplea to courts

how does congress/exec check judiciaryc

amend constitument

change juridstiction of courts

change number of judges

executive can ignore or enforce decisisons

lobby presidents/senators

appointments

bureaucratic enforcement

write and enforce regulations

issue fines for non co,pliaces

interact with congress

cabinet departments

15 deparmtnets, heads of agencies

agencies work tg to acccomplish goal of department

stare decisis

use precdent to make rules

federalist 78

. Judicial Review

The courts should be able to declare laws unconstitutional if they conflict with the Constitution. Hamilton argues that the Constitution is the supreme law of the land, so judges must follow it over conflicting laws passed by Congress.

AP Gov connection: Marbury v. Madison (1803) established judicial review in practice.

2. An Independent Judiciary

Federal judges need independence from political pressure so they can interpret the Constitution fairly. Hamilton supports life tenure during good behavior for federal judges, which protects them from being removed simply because politicians disagree with their decisions.

3. The Judiciary Is the “Least Dangerous” Branch

Hamilton argues that the judicial branch is the least dangerous because it controls neither the military nor the government's money. It has judgment, not the purse or the sword.

• Congress controls spending and makes laws.

• The president commands the military and enforces laws.

• The courts interpret laws and decide cases.

4. The Constitution Must Limit Congress

The Constitution represents the will of the people. If Congress passes a law that violates it, the courts should uphold the Constitution rather than the conflicting law. This helps prevent the legislative branch from abusing its power.

5. Courts Protect Individual Rights

An independent judiciary can protect people's constitutional rights against unfair laws and actions by the other branches of government.

scotus

only court established by consittuinetm hudgyes are apppointed and confirmed

narrow og jurisdiction( case between 2 states or some typ eof rep)

judiciary act of 1798

established jurisdiction of lower courts

its writ of mandamus (mandate by court to other branches) conflicted with supremacy clause of article 3

original jurisdiction vs appellate juristiction

hear a case for the 1st time, hear a case after lower court

federal budgget

mandatory and discretionary spending (committies debate where it goes)

-defifict spending increases when mandatory spending decreases

non germane riders

provisions to b ill that have nothing to do woth it but helps a reps district

cloture rule

end of filibuster by 60 votes

presidential coattails:

the tendency for a popular presidential candidate to help candidates from the same political party win congressional or state elections during the same election. This can give the president’s party more seats in Congress and make it easier to advance its legislative agenda.

caucus

meeting of members of a political party in Congress to discuss issues, coordinate strategy, and choose party leaders; caucuses can help members organize and influence the legislative agenda.

war powers act

a 1973 law that limits the president’s ability to use U.S. military forces without congressional authorization; generally, the president must notify Congress within 48 hours of deploying troops and withdraw them within 60 days (with up to 30 additional days for withdrawal) unless Congress authorizes the action.

ppl in senate

100, 30 yrs old, live in state, citizen for 9, 6 yr terms

descriptive representation

nearly identical to constituents in terms of personal and political characteristics

substantive representation

represent interests of groups

why are incumbents more powerful in the house

Senate serves a larger, more diverse population, Senators tend to have less contact with constituents, Senate is more prestigious (6 yr term vs 2 yr)

advantages of incumbency/how do they get reelcted, franking privilege, pork barrel

Name recognition: sort of (28% of americans could name their house members).

Ads: frequent contact with constituents

Franking privilege: using mail without having to pay for postage> house members dont have to pay for mail they send to constituents Recorded messages, emails and other tech are often used

Credit claiming: case work or helping individuals/groups achieve a goal Can fix things

Pork barrel: is a metaphor for government spending on localized projects that benefit a specific politician's home district or constituents in order to win their votes and political support

Position taking: state where they stand on certain issues

roles of the house

can impeach, revenue bills, Chooses the president if no candidate wins an Electoral College majority

• Each state delegation gets one vote, not each representative.

• 12th Amendment

roles of senate

ratify treaties, appointments, try impeachment cases, filibuster=unlimited debate and ended with cloture vote (60 members), Chooses the vice president if no candidate wins an Electoral College majority

• Each senator gets one vote.

• 12th Amendment

structure of house

speaker of house (chosen by majority and can succeed VP), choose committee assignments, schedules bills and gain support for votes.

majoirty/minority leaders: guide their party memebers to policymaking

whips carry messages to party members (out votes prior to being cast). >keeps members in line

minority leader is the leader to party not in power

structure of senate

vp is president of the senate.

majoirty/minority leader: manoirty sets agenda and controls calender assignemnts of bills

president pro tempe: member of majority party, leads senate if vp isnt present

Standing committees

llA standing committee is a permanent committee in Congress that focuses on a specific policy area.

• Review and consider bills in their area of policy

• Hold hearings to gather information and question witnesses

• Conduct investigations

• Amend bills

• Decide whether to send bills to the full chamber

• Exercise oversight of executive agencies

-appropriations in senate and ways and means (taxes) in house

Joint committees

members are from booth house and senate mostly permanent

Conference committee

formed to reconcile different bills passed by both houses if they cant agree on a version of a bill

select committee

A select committee is a temporary congressional committee created for a specific purpose, usually to investigate an issue.

Seniority System

The seniority system is the practice of giving members of Congress with more years of service greater influence and leadership opportunities, especially within committees.

Committee Chairs

A committee chair is the member of Congress who leads a congressional committee and helps control its agenda and activities.

Trustees

A trustee is a legislator who uses their own judgment when making decisions, rather than simply voting according to what their constituents want.

politico

The politico model is when a member of Congress combines the trustee and instructed-delegate approaches, choosing whether to follow their own judgment or their constituents' preferences depending on the issue.

instructed delegates

An instructed delegate is a representative who votes according to the preferences of their constituents, even if the representative personally disagrees.

requirements to be prez

us citizen, 35+,us resident for 14 yrs

22nd Amendment

A president can be elected president no more than twice If someone becomes president and serves more than 2 years of another president's term, they can only be elected once If they serve 2 years or less of another president's term, they can still be elected twice

how does impeachment process work

The House of Representatives impeaches federal officials by a simple majority vote. The Senate holds the trial and needs a 2/3 vote to convict and remove the official from office. Chief Justice of the Supreme Court presides. for Treason, Bribery, or other high Crimes and Misdemeanors.”

role of prez

The president enforces laws,

serves as commander in chief,

appoints officials and judges,’

negotiates treaties (senate approval by 2/3),

makes executive agreements (doesn’t require senate ratification),

makes executive orders (enforcement of current law),

writes signing statements (shows presidents’ interpretation),

grants pardons,

and can veto legislation(or can do nothing and it doesnt become law after 10 days>pocket veto).

cheif diplomat

Presidential powers are checked by Congress and the courts, such as Senate confirmation of appointments and Congress’s ability to override vetoes. +impeachment and 22nd amendment

Wheel and spokes

An informal congressional organization where a central committee or leader coordinates with several other committees or groups. It helps members work together on related issues and legislation.

pocket veto

a president can effectively veto a bill by not signing it within 10 days when Congress adjourns, preventing the bill from becoming law.

electoral mandate

the belief that a candidate or party has received strong public support through an election, giving them perceived authority to pursue their campaign policies.

factors that contribute to gridlock

divided government, partisan polarization, Senate filibusters, ideological differences, and checks and balances that make it difficult to pass legislation. money becoming a driving factor in pots, senators attack each others image, strong principals and constituent influence lowers compromise

executive agreements

agreements between the president and another country that do not require Senate approval, unlike formal treaties.

bully pulpit

the president’s ability to use the media and public attention to influence public opinion and pressure Congress to support their policies.

logrolling

when lawmakers agree to support each other’s bills or policies, often by exchanging votes.

casework

assistance that members of Congress provide to constituents, such as helping them deal with federal agencies or government benefits.

Federalist 51

an essay by James Madison arguing that the Constitution’s system of checks and balances and separation of powers would prevent any one branch or group from gaining too much power. Madison argued that because people are self-interested, government must be designed so that “ambition counteracts ambition”—each branch should have enough independence and power to check the others. He also argued that federalism divides power between the national and state governments, creating another layer of protection against tyranny. AP Gov connection

Federalist 70

an essay by Alexander Hamilton arguing that the executive branch should have a single president with strong, energetic powers rather than multiple executives. Hamilton believed a unitary executive would make government more effective, allow decisions to be made quickly, and provide clear accountability because the public could identify who was responsible for executive actions. He argued that an energetic executive requires unity, duration, adequate support, and competent powers, while still being limited by constitutional checks.

earmarks

provisions in government spending bills that direct money to specific projects or locations, often benefiting a lawmaker’s constituents; they allow members of Congress to target federal funds toward particular districts or states.

house rules committee

a powerful House committee that determines how and when most bills will be debated, including how much debate is allowed and which amendments can be considered; it helps the House majority leadership control the legislative process. NOT IN SENATE

open vs. closed rules

House Rules Committee guidelines that control how a bill is debated and amended; an open rule allows members to propose relevant amendments, while a closed rule prevents amendments and allows only limited debate.

committee of the whole

a procedure in the House of Representatives where all House members meet as one large committee to debate and amend legislation under more flexible rules; it makes it easier and faster to consider bills before the full House votes.

redistricting

the process of redrawing electoral district boundaries, usually to reflect population changes; in the U.S., it generally happens every 10 years after the census.

gerrymandering

the practice of drawing electoral district boundaries to give an unfair political advantage to a particular party or group, often through packing or cracking voters.

enumerated powers of Congress

taxing, spending, borrowing money, regulating interstate/foreign commerce, coining money, establishing post offices, declaring war, raising and funding the military, naturalization, and making laws necessary and proper to carry out its other powers.

Speaker of the House

Presiding officer of the House and leader of the majority party. Controls the House agenda, influences committee assignments, and helps determine which legislation receives consideration.

Committee Leadership

Committee chairs and ranking members who lead committees and oversee their work. Leaders influence which bills receive hearings, markups, and consideration, giving committees major influence over which policies advance. (in house and senate)

Unanimous Consent

An agreement in which Senate members allow a procedure or action to occur without a formal vote, as long as no senator objects. Speeds up Senate business, but a single senator can object and prevent the agreement.

Committee of the Whole

A procedure where the entire House acts as one large committee to debate and amend legislation under more flexible rules. Makes it easier and faster for the House to debate and amend bills before the final vote.

Discharge Petition

A procedure allowing House members to force a bill out of committee and onto the House floor if 218 members sign the petition. Can bypass a committee that is blocking a bill, allowing legislation to receive consideration by the full House.

lame duck sessions

periods after an election but before newly elected officials take office, when outgoing members of Congress may still pass legislation. AP Gov

Baker v. Carr

a 1962 Supreme Court case involving Tennessee’s legislative districts, which had not been properly redrawn to reflect population changes. Voters argued that this unequal representation violated the Equal Protection Clause of the 14th Amendment. The Supreme Court ruled that challenges to legislative redistricting could be heard by federal courts, rather than being dismissed as “political questions.”

state of the union

an annual address by the president to Congress describing the condition of the country and outlining the president’s goals and policy priorities. Does POTUS have to give one? No. The Constitution requires the president to “give to the Congress Information of the State of the Union,” but it does not require a specific annual speech. The president can fulfill this duty in writing or through a speech. How can it help POTUS? It gives the president a major public platform to communicate their agenda, build public support, and pressure Congress to consider their policy priorities.

25th Amendment:

:Section 1 — Death/resignation

• Vice president becomes president.

Section 2 — VP vacancy

• If the vice presidency becomes vacant, the president nominates a new VP.

• The nominee must be confirmed by a majority vote of both the House and Senate.

Section 3 — President voluntarily declares inability

• The president can temporarily transfer power to the VP by declaring they are unable to perform their duties.

• The VP becomes Acting President.

Section 4 — President unable/unwilling to declare inability

• The VP and a majority of the Cabinet can declare the president unable to perform the duties.

• The VP becomes Acting President.

• There is a process for Congress to resolve a disagreement.

rule of 4

 custom of the U.S. Supreme Court stating that at least four of the nine justices must voten to hear a case

writ of certiorari

is a formal order issued by a higher court—most notably the U.S. Supreme Court—directing a lower court to send up the complete record of a case for review.

Office of the Solicitor General

supervises and conducts government litigation on behalf of the United States federal government before the Supreme Court.

l determines what positions the federal government will take in litigation and personally conducts oral arguments in major cases before the U.S. Supreme Court.

-10th justice

district courts

94 federal district court,cy court, international trade and fedral claims og jurisdiction with a judge and jury. each one has a bankrupt

court of appeals

12 federal courts of appeal, make sure law is applied correctly, 3 jhudes and no jurors

 standing to sue:

1. erious interest in case determined by whether they have sustained an injury from another party

Class action suits

1. permita  small number of ppl to sue on behaklf of all other ppl in similar circumstances (has become more difficult) 

Amicus curiae (friend of the court) briefs

1. attempt to influence the courts decision, raise other pooits of view and present info not contained in the briefs of the attorneys

Oral arg

1. conference cases discussed, votes taken, opinion writing assigned, opinions drafted and cirfculated for comment then decision is announced

Dissenting opinions

1. those written by justices opposed to decision

Concurring opinion

1. written not to support majority decision but to stress a different consitutuiinal or legal basis for judgement 

1. The 9 old men

1. The court was super controversial during the new deal. Scotus (conservative republicans) started to dismantle polciies (schechter pultry corp v us, NIRA)

2. Roosevelt pr[psed a court packing plan by proposing that congress expand the size of the court but congress objected

1. Warren court

1. Extended many liberties (appointed by eisenhower) 

2. Oversaw internment of japanese americans

3. Didnt please traditionalists bc he overturned state policies

1. Burger court

1. Established by nixon but didnt satisfy his quest to instill a conservative philosophy

2. Upheld roe v wade

1. Rehnquist court

1. Appointed by reagan but was accused of racism by the senate as he upheld separte but equal

Judicial restraint

1.  judges adhere closely to precedent and play minimal policy making roles

strict on consittuition

Judicial activism

judges establish policy and thunk how it effecfts ppl

PQD (political questions doctorine)

1. a means to avoid deciding some cases that involve conflcits between the president and congress

Statutory construction:

1.  a court interprets an act of congress then the legislature passes legislation that clarifies texisting laws and thus overturns the courts 

Independent regulatory agencies:

make and enforce rules designed to protect public interest.

1. May punish violation

2. Governed by group of comissionsers and serve fixed terms and cant be easily fired by the president (however appointed by prez and confirmed by senate)

3. Alphabet soup govt agencies

Administrative discretion:

he authority of administrative actors to select among various responses to a problem.

Government bureaucracy

Organization of non elected government officials who fulfill the functions of their particular agency

1. Implement laws passed by govnreess and executive orders of president

2. Develop and enforce rules and regulations

3. Administrator government programs

4. Objective performed by agencies, commissions, depart,emts, government corporations

patronage/spoils system

1. : system in which hiring and promotions are based upon political factors

Pendleton act

1.  created federal civil service

Hatch act:

1.  prohibits civil servants from engaging in political activities

1. Cabinet departments

1. 15 different depts

2. Secretary of each dept is appointed

3. Bureaus within each departments

1. Government corporations

1. ovide services to citizens that could be dealth with by the private sector

1. Independent executive agencies

crated to regulate specific part of scietiy

Discretionary authority:

1. bility of an agency to choose a course of action and set policies

implementation can be difficult

1.  lack of clarity, resources (funding, personnel), authority, standard operating procedures (makes it inefficient), fragmentation

dhs, dept of transport, debt of veteran affairs, dept of education, EPA , FEC, SEC

terorism and immigrantion

rules for travel

welfare for vets

manages states and their education standards

regulates ienvironemne

tenforces campaign fiannce laws

reuglates stock market and prevents fraud

1. Controlling the bureaucracy

1. Presidents appoint agency heads who share their policy ideas and ideology, issue executive orders to bypass bureaucracy, cut budget, reorganizing the agency

2. Congress tries to control by using formal and informal powers. Influence appointments of agency heads, budget (power of the purse), hold oversight committee hearings, create more detailed legislation 

3. Courts can rule a law or executive order unconstitutional 

Iron triangle:

1. e: relationship between a regulated industries interest group, the regulation agency (bureaucracy) and the committees in congress that make policy in that area