Senator Voting + Terms
1/3 of the Senate election every 2 years
6 yr term
MUST be @ least 30 y/0, US citizen for 9 yrs, live in district
more competitive and expensive
Representative Voting + Terms
elections every 2 yrs for everyone
2 yr term
MUST live in their district, be a citizen of the state, be @ least 25 y/o
not competitive usually (high incumbent election rates)
Congressional Districts
define number of electoral votes and representatives for a state
Redistricting
done by each state legislature every 10 yrs w/ census
therefore, the political party that is in control of the state controls how the districts are drawn
shocker, they are bias
Gerrymandering
technique to give the majority party an advantage in future elections
Descriptive Representation
the elected legislature should reflect the demographic characteristic of the constituency
but minorities and women always underrepresented
Voting Rights Act of 1965
encouraged states to take measures to increase minority rep in Congress
amended to encourage states to make majority-minority districts (concentrating Black and Hispanic pops) to make it more feasible got minority candidates to get elected
Packing Districts
isolating minorities
Cracking Districts
dividing minorities across many districts
Hijacking Districts
redraws 2 districts in a way that forces 2 incumbents to oppose each other in a single district when redistricting
Kidnapping Districts
moves an incumbent’s home address into another district when redistricting
Inherent Power in Legislatures
framers made delegated powers (require both houses) and complementary powers
Power of the Purse
bc Congress is given so much power over budgetary spending they can influence the pres and bureaucrats by withholding or putting conditions on funds
check of the executive branch
Unique Powers of the House
budget must technically originate in the House but this power has been passed to the President to make the budget and then it is edited/approved by the House
initiate tax laws and spending bills
House Ways and Means Committee
Unique Powers of the Senate
amending powers on revenue bills
conformation of presidential nominations to the federal courts and ambassadorships to foreign countries
ratify all treaties signed by the pres
Non Legislative Tasks of Congress
oversight
review work of fed agents, hearings and subpoena witnesses; Senate approve cabinet and justices
public education
public awareness of issues in the reform realm
representing constituents within the government
act on complaints, sponsor, solicit suggestions (do what their people want)
constitutional amendments
propose
electoral duties
elect next pres (House) and vice pres (Senate) if 270 not reached
impeachment
House propose/investigate; Senate convict
confirmation duties
Senate approve pres appointments and fed positions
ratification
Senate ratify treaties
investigation
conducted by standing or select committee to fix a problem
Politicos
representatives of their electorates
Delegate Model
members of Congress who view themselves as delegates whose job it is to mirror the views of their home districts
Trustee Model
members of Congress who see themselves as trustees who consider the constituents views but use their best judgement as they are “experts'“
Legislative Process
slow and complicated to foster compormise
member of Congress must introduce bill = sponsor
committees make first basic outline
two houses work together to pass the same exact bill
this is RARE so the bill is sent to a conference committee to negotiate
voting occurs in each house again and bill is either passed to pres or killed
pres can approve, not sign and will become law in 10 days, pocket veto if not 10 days left of Congress, or veto
YAY or Congress can make changes or override veto w/ 2/3 majority or let die
Pocket Veto
if pres does not sign bill and the congressional session ends within the 10 days then the bill is vetoed and must go through the legislative process again
Senate Bill Voting
debate has fewer rules
no time limit = filibuster where senator never shuts up and drives them crazy until a cloture stops it w/ 3/5 majority
no closed bills so amendments always allowed
Rider Amendment
amendments irrelevant to bill put in by senators
“pet” project/issue for home state or to prohibit actions of executive agencies
Pork Barrel Amendment
“pet project” riders designed to bring home MONEY to home state
Earmarks
provisions within legislation that appropriate money to a specific project
appear in appropriation bills and authorization bills
not allowed in House and monitored in Congress
House Bill Voting
debate is limited with rules
Rules Committee for making rules on amending process [time and open (allows amends) or closed (no amends)]
powerful committee bc can kill bill w/ delayed voting or by allowing poison “killer” amendments or bring up bills to floor immediately
ALL CLOSED NOW PRETTY MUCH
Line-Item Veto
pres can veto only parts of a bill; UNCONSTITUTIONAL by SC
Standing Committee
permanent, specialized
Joint Committee
made up of members of both the House and Senate
used for communicating to public and investigation
Select Committee
temporary for special purpose
carry out investigations for the purpose of writing special legislation
Conference Committee
temporary, include members from the committees of the two houses who were responsible for writing a bill
try to negotiate compromise bills to be submitted to each house
Pigeonholed Bill
bill stuck in one of the houses in a committee to keep it from being voted on
forced out w/ discharge petition
Speaker
leader of the House
chosen by majority party in special election
power over debate, committee assignments, bills
Majority Leader of the House
keeps majority party in line and determine party’s agenda
whips helps promote agenda and bills
Minority Leader of the House
keeps minority party in line and determine party’s agenda
whips helps promote agenda and bills
President Pro Tempore
while VP is offical pres of Senate, PPT take over most of the time as presiding officer
honorary position given to oldest member of majority party
Majority Leader of the Senate
holds all the power as they control legislative agenda and act as power broker and policy initiator
Minority Leader of the Senate
power broker
Why does Congress vote the way they do on issues?
own party
opposition
colleagues w/ logrolling - “I help you, you help me”
PACs, constituents, interest groups
personal values
THEIR PARTY
Formal Powers of the Presidency
chief of state (look good)
give state of the union address, forces Congress into session, veto, reprives, pardon, negotiates treaties, executive agreements
commander in chief (make war)
Informal Powers of the Presidency
morale builder
legislative leader and coalition builder
chief of party
policy persuader and communicator to Congress and public
Bully Pulpit
the power of the pres to capture the nation and speak whenever
conspicuous position that provides an opportunity to speak out and be listened to
Unified Government
Pres, Senate, and House of same party
Divided Government
one of Pres, Senate, and House NOT of same party
Executive Office of the President
helps carry out pres responsibilities
agencies that help the White House function in the categories: domestic, foreign, and military affairs
Chief of Staff
powerful and influential as very close to the President
manages the Executive office and controls access to the pres = controls information to pres
Literalist Doctrine
pres only has powers that are stated in the Constitution
limited power
ended in 1920
Stewardship Doctrine
pres has power to exercise power in multiple ways in multiple areas
all powers unless prohibited by Constitution = lots of power
Unitary Executive Theory
unlimited power
controversial
The National Security Council
help pres w/ for foreign and military policy
national emergencies
little oversight so pres love
The Domestic Policy Council
help pres w/ energy, edu, ag, nat resources, econ, health, welfare, drug, crime decisions
The Office Management and Budget
help pres prepare budget for US
control and manage executive agencies for pres
huge power bc of money allocation to cabinet
The Council of Economic Advisors
help pres make national econ policy
The U.S. Trade Representative
negotiate complex trade and tariff agreements for pres
The Cabinet
run by secretaries
supposed to rep pres but kinda advocate for their own department now
Department of Homeland Security
protect borders
support local agencies like police
detect chemical, biological, and nuclear weapons
analyze intelligence
Impeachment
remove pres for “reason, bribery, or other high crimes and misdemeanors” — vauge
House impeach w/ simple majority
Senate run trial and can remove pres w/ 2/3 majority (never happened)
***can happen to SC justices too
American Legal Principles
equal justice under the law
no hierarchy
due process of law
fair and fairly applied
the adversarial system
2 sides
presumption of innocence
must PROVE guilt
Substantive Due Process
deals with the question of whether laws are fair
look at Constitution, BOR, 14th Amendment
Procedural Due Process
deals with the question of whether laws are fairly APPLIED
makes the laws actually applied and useful
Civil Law
Two individuals or groups can’t reach an agreement. Examples include contracts, property, children, and liability.
govt not involved unless being sued
plaintiff vs. defendant
complaint given to civil court, if merit, then case moves forward
settlement OR trial
@ trial plaintiff needs to show a preponderance of the evidence
can get money if win (equity)
Criminal Law
An individual accused of breaking the law.
must be (1) arrested and (2) indicted
indictment happens by a grand jury of 24-48 jurors who decide IF A TRIAL SHOULD COMMENCE
THEN can plea bargain w/ the prosecution asking for a less serious crime and sentence
OR go to trial
must be beyond a reasonable doubt w/ petit juries of 12 jurors and ALL must agree to convict or not
guilt verdict = punishment
split/hung jury = mistrial
Federal Courts
Federal District Courts
original jurisdiction, jury, sometimes judge
Federal Circuit Court of Appeals
hear cases on appeal, just judges
Supreme Court
hears appeal cases dealing with constitutional questions and og cases from states and foreign ministers, just judges
Appellate Jurisdiction
court deciding issues of law, NOT facts of the case
Senatorial Courtesy
a custom whereby presidential appointments are confirmed only if there is no objection to them by the senators from the appointee's state, especially from the senior senator of the president's party from that state.
senator usually submits a list and pres picks one
Judicial Restraint
judge who is reluctant to overturn act of legislature
Judicial Activist
judge who has no qualms about overturning acts of legislature
Judicial activism refers to the practice of judges making rulings based on their policy views rather than their honest interpretation of the current law.
How do cases reach the SC?
if 4 judges want to review a case then a writ of certiorari is sent to lower court for the case files
must be justiciable and petitioner must have standing
Justiciable
real and adverse and must involve an actual legal dispute
Judicial Review
right of the SC to judge the constitutionality of laws given by the SC to itself
How does the SC hear cases?
each side submit briefs
interest groups submit their opinions; amicus curiae
Oct-Apr oral arguments are heard
solicitor general argues for the govt
Opinions
Unanimous
all agree
Majority
most agree
Concurring
same opinion as majority but diff reason
Dissenting
disagree w/ majority
SC Limitations
Constitutional amendments
confirmations
legislation that tells them what to do
legislation counteracting SC
pres not enforcing
Bureaucracy
system of govt in which power is divided among departments and officials; considered executive branch
administer social programs
executing laws; POLICY IMPLEMENTATION
providing for defense
merit system w/ appointment
Government Corporations
cross of private business corp and govt agency
freedom of action and flexibility and make revenue to keep running
ex: US Postal Service
Regulatory Agencies and Commissions
independent agencies
bureaucracies w/ broad pres oversight
regulatory agencies
watchdogs of fed govt
What happens when law makers do not have expertise in the area that they are writing laws for?
quasi-legislative agencies
experts fill in gaps of legislation and write rules
quasi-judicial agencies
rule enforcement and punishing violators
Iron Triangle
Informal alliance made up of (1) a particular industry and its lobbyists, (2) the congressional committee dealing with that industry, and (3) the agency that is actually affected
Alliance/Issue Network
more complex iron triangle
Neutrality in Government Jobs
civil service system (merit)
NOT patronage system (political favor/support)
Hatch Act: bureaucrats cannot actively campaign for candidates