Unit 4 - Gov Institutions

Bicameral Congress

2 chambers, House of Representatives and the Senate

House of reps

435 members - based on the state population - represents the people, 2 year terms with no term limits, has the power of the purse, brings charges of impeachments, chooses the president when the electoral college is deadlocked

U.S. Senate

the upper house of the U.S. Congress - equal representation, represent the state, 100 members, 6 year terms with no term limits(continuous body), ratifies treaties negotiated by the president, power to try to judge impeachment cases, confirms judicial(appointments to the supreme court) and executive appointments

federalism

a form of government in which power is divided between the federal, or national, government and the states

House of Reps Qualifications

You must be 25 years old, 7 years a U.S. citizen, and a resident of the represented state - always elected by the people

US senate qualifications

at least 30, US citizen for at least 9 yrs., Resident of state they are representing

gerrymandering

when the majority party in each state legislature redraws congressional districts to ensure the maximum number of seats for its own candidates

what does gerrymandering protect

it protects incumbents and discourages challenges, strengthens the majority party, decreases minority representation

districts

an area regarded as a distinct unit because of a particular characteristic and they often favor the less populated rural areas of a state

redistricting

The redrawing of congressional and other legislative district lines following the census, to accommodate population shifts and keep districts as equal as possible in population - the lines must be compact and contiguous

majority party

the party in each chamber that holds the most votes

roles of majority party

holds the committee chairs, chooses the speaker of the house, assigns bills to each committee member, controls the house of rules of committee, and sets the legislative agenda

Organization of House

formal structure with stricter rules, the have the speaker of the house, 2nd in line for the presidential succession(speaker of house), the house also has the majority and minority leaders

Organization of Senate

more freedom with debate so less formal, vp is head of the senate, has majority and minority leaders

importance of Committee System

house and the senate have committees that play a role in the policy making process

standing committees

permanent bodies that continue from one congress to the next and they focus on a particular area of legislation --> heavy reliance on lobbyists

select committees

formed for a specific purpose for a limited amount of time - formed to investigate a matter of public concern

joint committees

include members of both houses and also focus attention on major issues

conference committees

temporary bodies that are formed to resolve issues between the house and the senate

Rule of committee

the "traffic cop" of the House that sets the legislative calendar and issues rules for debate on a bill

closed rule

A procedural rule in the House of Representatives that prohibits any amendments to bills or provides that only members of the committee reporting the bill may offer amendments.

open rule

A procedural rule in the House of Representatives that permits floor amendments within the overall time allocated to the bill.

committee chairs

The most important influencers of the congressional agenda. They play dominant roles in scheduling hearings, hiring staff, appointing subcommittees, and managing committee bills when they are brought before the full house.

legislative process

is slow because of the amount of negotiation and compromises that need to be made

creating bills

• anyone can write a bill

• most bills are not written by congress and originate in the executive branch

• business, labor, agriculture, and other interests groups often draft bills

• only members of congress can introduce bills --> they drop them into the hopper

filibuster

a tactic for delaying or obstructing legislation by making long speeches

committee action

the bill is referred to the appropriate standing committee by the speaker of the house - most bills die in the committee

subcommittee action

A bill goes to a subcommittee for specialized analysis then return to the full committee where members can mark up or add items to the bill - committees can reject the bill or send it to congress floor

floor action of the house

-House Rules Committee gives the bill a rule, placing it on the legislative calendar, allowing a specified time for debate, and determining if any amendments will be allowed

- the bill is debated and a vote is ultimately taken by the full House

floor action of senate

members may speak on the floor as long as they wish --> filibuster

stall actions in the senate

a senator may place a hold(parlimentary procedure) where the senator asks to be informed before the bill is brought to the floor

delegate model

The view that an elected represent should represent the opinions of his or her constituents.

trustee model

a model of representation in which a member of the House or Senate follows his or her own conscience when deciding issue positions

politico model

Members of Congress act as delegates or trustees depending on the issue

congressional oversight

Power used by Congress to gather information useful for the formation of legislation, review the operations and budgets of executive departments and independent regulatory agencies, conduct investigations through committee hearings, and bring to the public's attention the need for public policy

methods of congressional oversight

• setting guidelines for new agencies

• holding hearings and conducting investigations

• using budget control

• reorganizing an agency

• evaluating an agency's programs

constitutional division of power

congress has the power to wage war and the senate has the power to ratify treaties

the president has the power to wage war and the power to negotiate treaties

war powers resolution

A law passed in 1973 spelling out the conditions under which the president can commit troops without congressional approval - the president must notify congress within 48hrs of deploying troops and congress can request for the president to bring home troops

reducing power and perks

for congress regarding term limits, new ethics laws, organizational changes, pork barrel legislation, franking privilege

pork-barrel legislation

legislation that gives tangible benefits to constituents in several districts or states in the hope of winning their votes in return

franking privilege

the ability of members to mail letters to their constituents free of charge by substituting their facsimile signature for postage

Qualifications for President

35 years old, born in the U.S., and has to have lived in the U.S. for 14 years

22 amendment

presidents could only serve 2 terms

exective power

the power to execute, enforce, and administer law

appointment power

The authority vested in the president to fill a government office or position like cabinet members, supreme court justices, etc. - appointments are subject to review by the senate

cabinet

Advisory council for the president consisting of the heads of 15 the executive departments, the vice president, and a few other officials selected by the president.

influnences on the cabinet

the president can have a hard time controlling cabinet departments bc:

• interests groups form close ties with cabinet departments

• the careers of many civil servants are beyond presidential administration --> strong loyalty to department

• congress competes with the president for influence over the cabinet departments

office of management and budget

Executive office responsible for helping the President write the federal budget and monitoring federal spending

national security council

An agency in the Executive Office of the President that advises the president on national security and foreign policy (vp, secretary of state, treasury, defense, national security advisor)

council of economic advisors

Three economic experts to help president understand and develop economic policy; must be confirmed by senate

white house staff

Personnel who run the White House and advise the President on policy and analysis members do not need to be senate approved. Includes the Chief of Staff and Press Secretary

President legislative powers

1. Give State of the Union address to Congress to push his agenda

2. recommend and suggest bills for congress

3. call special sessions of congress

4. veto bill (can be overturned by 2/3 of congress)

5. pocket veto - not signing a bill within 10 days and having Congress adjourn

presidential veto power

Pres. can veto (reject) laws passed by Congress

Congress can override veto with ⅔ majority vote

Cooperative bipartisan

president working with congress to assign liaisons to lobby legislators, work with majority and minority leaders, use the media to focus public attention on important issues, use high presidential approval ratings to persuade legislators to support presidential programs, bargain with wavering legislators by offering concessions that will benefit a members district

ordinance power

power of the president to issue executive orders; originates from the constitution and acts of congress

divided government

one party controls the White House and another party controls one or both houses of Congress --> harder to negotiate compromises, lower approval rating for the people of congress, gridlock, narrows the filed of potential candidates for federal appointments

how presidents try to overcome divided government

using the media to generate public support, threatening to veto legislation, making deals with key congressional leaders, building coalitions with key interest groups, increasing reliance on white house staff

presidential formal constitutional powers

The president is the commander-in-chief and this has the power to deploy troops.

The president appoints all ambassadors subject to Senate confirmation.

The president negotiates treaties, which are then subject to Senate ratification.

The president has the sole power to recognize nations.

The president receives ambassadors and other public ministers.

Informal Powers of the President

The power to go public, power of persuasion, make executive agreements, issue executive orders, issue signing statements, create & use bureaucracy, personality and leadership, and make legislative proposals.

chief diplomat

The role of the president in recognizing foreign governments, making treaties, and effecting executive agreements

public supports and approval ratings

public support is crucual to presidential success - there is still a score keeper that just tells us how well the president is doing,

increases presidential approval rating

positive media coverage of presidential activities and decisions, foreign policy success, foreign crises that produce the "rally around the flag effect", strong economic growth and low unemployment

decreases the presidential approval

scandals, high expectations for the president but a low job performance, foreign wars that go badly, weak economic growth and high unemployment

the medias role in the presidency

gate keeper role - deciding what to report and when to report

presidential media coverage vs congressional media coverage

president represents the whole entire nation, the president is the leader of the free world, the president is more powerful than any single individual member of congress, the president speaks with a single voice

presidential transition

the transfer of federal executive branch power from the incumbent president of the US to the president elect

presidential disability

the inability for the president to be effective, in which place he/she would be replaced by the vice president; 25 amendment

bureacracy

system of government that includes different job functions and levels of authority

Key Features of a Bureaucracy

Hierarchical Authority: A chain of command in which authority follows from the top down.

Job Specialization: Each employee has defined duties and responsibilities.

Formal Rules: All employees must follow established procedures and regulations.

the spoils system

the system of employing and promoting civil servants who are friends and supporters of the group in power

federal civil service

the merit-based bureaucracy, excluding the armed forces and political appointments

block grants

Federal grants given more or less automatically to states or communities to support broad programs in areas such as community development and social services -> increses the number of state employees

federal mandates

regulations that the national government imposes on state and local governments --> shifted a lot of responsibilities onto the states --> increases the need for the state employees

advice and consent power

The power of the Senate to consult and approve the presidents treaties and appointments.

treasury department

A cabinet-level agency that is responsible for managing the federal government's revenue. It prints currency, collects taxes, and sells government bonds.

Cabinet Secretaries

heads of cabinet departments and chief advisers to the president on the issues under their jurisdiction

Independent Regulatory Agencies

Federal regulatory agencies that are independent, thus not fully under the power of the president. Ex. Federal Trade Commission, Securities and Exchange Commission.

Interstate and Commerce Commision

once of the best known regulatory

Federal reserve board

an independent agency of the federal government established in 1913 to regulate the nation's banking and financial industry

gov corporations

gov organization that provides a service that could be delivered by a private sector and typically charges for its service (ex: Postal Service)

Independent Executive Agencies

Federal agencies that aren't large or important enough to get department status. Directors appointed by President w/ advice & consent of Senate. Ex. NASA, CIA, EPA

the translation of policy goals into rules is questionable bc

conflicting goals, faulty program design, lack of financial resources, fragmentation of responsibilities

iron triangles

A mutually dependent relationship between bureaucratic agencies, interest groups, and congressional committees or subcommittees. They dominate some areas of domestic policymaking.

issue networks

complex systems of relationships among groups that influence policy, including elected leaders, interest groups, specialists, consultants, and research institutes

adversarial system of justice

A legal system in which the 2 parties to a lawsuit are opponents, or adversaries, and present their cases in the light most favorable to themselves. The impartial decision maker (the judge or jury) determines who wins based on an application of the law to the evidence presented.

passive system of justice

federal judges are constrained by the constitution to deciding disputes rather than the hypothetical

origianl jurisdiction

the authority to hear a case first

appellate jurisdiction

The authority of a court to review decisions made by lower courts

exclusive jurisdiction

authority of only federal courts to hear and decide cases

concurrent jurisdiction

authority for both state and federal courts to hear and decide cases

judiciary act of 1789

A law passed by the first Congress to establish the federal court system.

district court

Lowest level of fed. courts, where fed. cases begin &trials are held (bank robbery, environmental violations, tax evasion)

court of appeals

review all district court decisions, rule on decisions from the federal regulatory agencies

do not hold trials or hear testimony

supreme court

the highest federal court in the United States, the final arbiter of the constitution, decisions establish precedents that are binding on the entire nation

selection of judges in lower courts

appointed by the president and confirmed by a majority vote in the senate

selection of judges in the supreme court

Selected by the President, backgrounds usually involve legal experience (i.e been State or Federal judges), upper socioeconomic levels.

confirmation process of judges

-investigation

-hearings by senate judiciary committee

-vote by the senate

*president may withdrawal a nomination at any point

how the supreme court selects cases

they get to chose what cases they want to discuss just have to have a 4 to 9 vote from the SC judges

solicitor general

The fourth-ranking member of the Department of Justice; responsible for handling nearly all appeals on behalf of the U.S. government to the Supreme Court.