Intro American Politics - Exam 2 Review

Comprehensive review flashcards in Question and Answer format covering civil liberties, legislative structures and processes, presidential powers, the federal bureaucracy, and judicial review for Exam 2 in Intro American Politics.

How are civil liberties defined in the lecture notes?

Protections from improper government action, either guaranteed explicitly by the Constitution (such as the 3rd Amendment) or determined by the courts to be implied by the Constitution (such as the right to privacy).

What was Alexander Hamilton's argument regarding why the Constitution did not need to specify what the government cannot do?

Hamilton argued that the Constitution did not need to state what the government cannot do because it should already be implied that if the Constitution does not say the government can do something, it is not allowed.

What are the five motivations for improper government action listed in the notes?

1. Government officials overstepping proper bounds (whether motivated well or badly)
2. "Improper" laws that are being properly enforced
3. The desires of the majority (e.g., Jim Crow or minority oppression)
4. Security and public safety concerns (e.g., Japanese Internment during WWII)
5. Competing rights claims (e.g., a free press compromising an impartial jury)

What did the Supreme Court rule in Barron v. Baltimore (1833)?

The Supreme Court ruled that the Bill of Rights (specifically the 5th Amendment's just compensation clause for property) only limits what Congress can do, not state governments.

In constitutional law, what is the doctrine of incorporation?

The process of applying the Bill of Rights to state and local governments by "incorporating" those rights into the 14th Amendment's protection of privileges or immunities.

Under Article 1, Section 9, when can the writ of Habeas Corpus be suspended?

People cannot be held without reasonable suspicion, except in cases of rebellion or invasion.

What constitutional protection ensures that an individual cannot be punished for an action committed before it was made illegal?

The prohibition on ex de facto (ex post facto) laws in Article 1, Section 9.

What does the 9th Amendment state regarding individual rights?

Rights shall not be construed to deny or disparage other rights retained by the people.

What key principle regarding civil liberties was established in Griswold v. Connecticut (1965)?

Rights explicitly expressed in the Bill of Rights also implicitly carry a right to privacy, thereby increasing civil liberties.

How does the trustee model of representation differ from the delegate model?

A trustee votes for the national interest even if it means disagreeing with a majority in their district, whereas a delegate reflects the preferences of their district even if it means voting against the broader national interest.

Why is the House of Representatives considered more aligned with the delegate model of representation than the Senate?

Because members of the House of Representatives have a term length of only $2$ years.

How do sociological representation and agency representation differ under the delegate model?

Sociological representation holds that agents should resemble their principals in class, religion, ethnicity, age, etc., whereas agency representation is the theory that an agent is effective because they can be fired by their principals.

What principle was established regarding Congress's powers under the Necessary and Proper Clause (Article 1, Section 8) in McCollough v. Maryland?

Congress possesses implied powers to carry out its explicitly stated constitutional powers.

What strategy did Kevin Kiley propose regarding House rules and his speaker vote?

He pledged not to caucus with either party, offered to sacrifice committee assignments to establish independent status, and planned to leverage his speaker vote to push for a House rules package provision allowing independents to serve on committees.

What are the sequential steps in the congressional legislative process?

1. Introduced to Congress and assigned to a Committee
2. Referred to a Subcommittee
3. Undergoes a "markup" or amendment process in the subcommittee
4. Markup/amendment process repeated in the full Committee
5. Sent to the Rules Committee in the House, or directly to the floor in the Senate
6. Sent to a Conference committee to reconcile House and Senate differences
7. The President signs or vetoes the bill

Why does Congress have a systemic "bias against action"?

A large number of veto players and veto points makes it far easier to kill a bill than to pass one; passage requires a sustained sequence of victories, whereas opponents only need to win once to defeat a bill.

What two-step spending process must occur in both the House and the Senate?

First, the committee with jurisdiction must authorize the spending; second, the Appropriations committee must appropriate the spending.

In congressional politics, what is "logrolling" and why does it occur?

Logrolling is the mutual trading of votes where members support each other's targeted projects (e.g., Joe votes for a project that gains Sue votes, and Sue does the same for Joe) because benefits are targeted to a few while costs are spread across many.

What are the structural differences in representation and election cycles between the House and the Senate?

The House bases representation on population with elections every $2$ years to directly and rapidly reflect public preferences; the Senate provides two Senators per state with staggered elections every $6$ years to insulate members from rapid shifts in public opinion.

How do rules governing debate differ between the House and the Senate?

The House imposes strict limitations on debate governed by formal rules where the majority party generally gets what it wants, whereas the Senate has no required limitations on debate and requires a cloture vote of $60$ senators to end debate.

What two major constitutional roles are combined in the office of the U.S. President?

The President serves as both the head of government and the head of state.

How do delegated powers differ from inherent/implicit powers in the executive branch?

Delegated powers are powers given to the executive by Congress (such as creating the Department of Homeland Security in $2002$), whereas inherent/implicit powers are not derived from another power, stemming from sovereignty or a loose interpretation of the Constitution (such as the Vesting clause).

What is an Executive Order?

A directive issued to a federal agency that establishes new policies or indicates how an existing policy is to be carried out.

What are the five defining characteristics of a bureaucracy?

Hierarchy, specialization, impartiality, explicit rules, and merit.

What are the three categories of delegated authority given by Congress to administrative agencies?

1. Most open: Congress grants broad powers to achieve an outcome without guidance ("Go achieve these goals")
2. Partially open: Relatively precise laws where agencies fill in the details through rulemaking
3. Closed: Laws that are precise and complete (such as income tax laws)

Why do bureaucrats typically avoid innovation or trying new procedures?

They are unlikely to personally gain or boost their status from increasing efficiency or effectiveness, but they face punishment if an innovation creates problems.

What law created the merit-based civil service, and what is one major drawback of this system?

The Pendleton Act created the merit system. A major drawback is that long-serving civil servants absorb agency culture, and lack of turnover decreases responsiveness to citizens and elected officials because long-serving staff become better at hiding information.

What is "agency capture"?

A situation where the industry that an administrative agency is tasked with regulating gains control of that agency.

What mutual goals form the "Iron Triangle" between Congress, administrative agencies, and interest groups?

Congress seeks interest group electoral support for reelection; the bureaucracy seeks continued funding from Congress; and the interest group generally seeks reduced regulation, often prompting the bureaucracy to turn to interest groups for defense.

What was Chief Justice Marshall's strategic dilemma and final ruling in Marbury v. Madison (1803)?

Marshall faced a dilemma: ordering Jefferson to deliver the commission would be ignored, while ruling for Jefferson would look like capitulation. He resolved it by ruling with Jefferson, declaring that the section of the Judiciary Act of 1789 granting the court authority to force officials to act was unconstitutional, thereby establishing judicial review.

What is an amicus brief?

A "friend of the court" brief submitted by a party unrelated to the case, arguing whether the court should hear the case and offering input on how it should rule.

What is the legal doctrine of stare decisis?

The legal principle of deferring to the judicial precedents established by past decisions.

What are the six legal interpretation tools discussed by Justices Scalia and Breyer, and how do their approaches contrast?

The six tools are: 1. Text, 2. History of writing the text, 3. Tradition (original meaning), 4. Precedent, 5. Purpose of the law, and 6. Consequences. Breyer argues jurists should focus on purpose and consequences, whereas Scalia argues that limitations in the text matter and that inferring purpose ignores those written limitations.