Introduction to the American Political System Midterm Review Sheet

Congress

the legislative branch of the federal government. Its primary responsibility is to make federal laws.

Congress is ___, meaning it has two chambers.

bicameral

House of Representatives

• Lower chamber.

• 435 voting representatives.

• Representation is based on state population.

• Members serve two-year terms.

• Revenue bills must originate here.

Senate

• Upper chamber.

• 100 senators.

• Every state has two senators, regardless of population.

• Senators serve six-year terms.

• Elections are staggered so that only some seats are up every two years.

Why have two chambers?

Proportional representation: larger states receive more representatives in the House.

Equal state representation: every state receives two senators.

Voting members of the House

435

Number of Senators

100

Total voting members of Congress

535

Total presidential electors

538

House term

2 years

Senate term

6 years

Length of a Congress

2 years

Critical distinction

535 is the total number of voting members of Congress. The 538 figure is the total number of presidential electors, including three for Washington, D.C.

Washington, D.C., has a ___ delegate in the House and no senators. Its three electoral votes come from the 23rd Amendment, not from having three voting representatives.

nonvoting

Midterm elections

Occur halfway through a president's four-year term. These elections determine congressional seats and can change which party controls one or both chambers.

How a bill enters Congress

A bill is a proposal for legislation.

• A bill introduced in the House is labeled H.R.

• A bill introduced in the Senate is labeled S.

• Only a member of the respective chamber may formally introduce a bill there.

• The president, an ordinary citizen, or a governor does not formally introduce a bill in Congress, although they can advocate for proposed legislation.

Basic legislative process

Standing committee

Permanent committee that continues from one Congress to the next.

Select or special committee

Created for a particular issue or purpose; may be temporary.

Joint committee

Involves members from both the House and Senate.

What can committees do?

can hold hearings, investigate problems, review legislation, and decide whether bills advance. A bill may advance, stall, or die in committee.

Speaker of the House

A major leadership position that influences House proceedings and whether legislation reaches the floor.

House Rules Committee

Helps establish the terms for debate on legislation.

Lobbying

Advocacy directed at lawmakers to influence public policy. It is not automatically bribery, although particular gifts or payments may be illegal.

Constituents

People represented by an elected official.

Veto

The president's rejection of a bill.

Congress can override a presidential veto with a___ vote in both chamber

two-thirds

House: 290 of 435, assuming all members are present and voting.

Senate: 67 of 100, assuming all senators are present and voting.

Impeachment

• A formal constitutional process for accusing a federal official of misconduct.

• The House impeaches; the Senate conducts the trial and votes on conviction.

War powers

The constitutional distinction between saying the country is “at war” and formally declaring war.

• Congress has the constitutional power to declare war.

• The president is commander in chief of the armed forces.

• The president does not possess the constitutional power to formally declare war.

Remember that military action and a formal declaration of war are not the same thing.

Constitutional requirements to become president

• Be a natural-born citizen of the United States.

• Be at least 35 years old.

• Have been a U.S. resident for at least 14 years.

The phrase natural-born citizen does not necessarily mean someone must have been born on U.S. soil; citizenship at birth can depend on circumstances such as a U.S.-citizen parent.

How the Electoral College works (November, December, January, January 20)

Electoral College numbers

• Total electoral votes: 538

• Majority needed to win: 270

• 435 electoral votes correspond to House seats apportioned among the states.

• 100 correspond to the two senators from each state.

• 3 belong to Washington, D.C.

Winner-take-all rules

In 48 states and Washington, D.C., the candidate who wins the state's popular vote generally receives all of its electoral votes. Maine and Nebraska are exceptions because they can divide electoral votes.

Electoral-vote totals can change after the census because House representation is reapportioned according to population.

Popular vote

The votes cast by individual voters.

Electoral vote

The formal votes cast by electors.

Electoral majority

More than half of all electoral votes; currently 270.

What happens if no candidate wins 270 votes?

This is called a contingent election

For the House to choose the president, a candidate needs votes from a majority of the states—not a majority of all individual representatives.

This means a small state and a large state each have one state delegation vote in the contingent election.

Your notes identify the election of 1824 as a historical example: Andrew Jackson received the most popular and electoral votes, but no electoral majority; the House selected John Quincy Adams.

Presidential succession

• President of the United States

• Vice president

• Speaker of the House

• President pro tempore of the Senate

• Cabinet members, in statutory order

The vice president is the president of the Senate and can cast a tie-breaking vote there.

The president pro tempore is a separate Senate position, generally held by a senior senator.

The vice president may become president if the president dies, resigns, or otherwise cannot continue in office. The succession framework is governed by the Constitution and federal law, including the Presidential Succession Act of 1947.

The 20th Amendment establishes

the relevant start and end dates for federal terms.

The Office Term beginning and end

The times specified in the amendment are noon.

Air Force One

The call sign used when the president is aboard an Air Force aircraft. It is not simply the permanent name of one particular plane.

Marine One

The call sign used when the president is aboard a Marine Corps aircraft.

Federal Reserve

The U.S. central banking system, established by the Federal Reserve Act of 1913. The dollar is fiat currency rather than currency redeemable for a fixed quantity of gold.

Federalism

the division and sharing of governmental power between the national government and state governments.

Delegated powers

Powers granted to the federal government by the Constitution.

Example: Declaring war and raising armed forces.

Reserved powers

Powers left to the states or the people.

Examples: Powers not delegated to the federal government or prohibited to states.

Concurrent powers

Powers exercised by both federal and state governments.

Example: Taxation is a common example.

Why federalism matters

Federalism determines which level of government can act on a particular issue. Disagreements can arise when federal and state policies conflict.

Example: state policies allowing medical marijuana while federal drug law prohibits it. The key lesson is that state permission does not automatically prevent federal enforcement of federal law.

Constitutional powers

Congress's power to declare war: Article I, Section 8, Clause 11.

Congress's powers relating to raising and supporting armed forces: Article I, Section 8, Clauses 12–14.

Federalism and the courts

When different federal appeals courts reach conflicting interpretations of federal law, the Supreme Court may review a case and resolve the disagreement.

Circuit split

A disagreement between federal appellate courts about a legal issue. Resolving such conflicts helps promote consistent federal law across the country.

three main levels of federal courts

U.S. Supreme Court (SCOTUS)

U.S. Courts of Appeals

U.S. District Courts

U.S. Supreme Court (SCOTUS)

The highest federal court and the highest federal appellate court.

U.S. Courts of Appeals

Also called circuit courts; review lower-court decisions.

U.S. District Courts

Trial courts — generally where federal cases begin

Federal judges

The president nominates federal judges, including Supreme Court justices. The Senate must approve nominations through its advice-and-consent role.

Federal judges generally serve during good behavior rather than fixed terms. They can leave office through retirement or death and can be removed through impeachment and conviction.

Judicial review

The power of courts to determine whether laws or government actions are consistent with the Constitution.

It is associated with Marbury v. Madison (1803).

If a law or government action is found unconstitutional, it cannot be enforced to the extent of the constitutional conflict.

Major Supreme Court cases

How the Supreme Court selects cases

A party generally asks the Supreme Court to review a case by filing a petition for a writ of certiorari.

• Certiorari granted: The Court agrees to hear the case.

• Certiorari denied: The Court declines to hear it.

• Rule of Four: At least four of the nine justices must vote to hear a case.

A denial of certiorari does not mean the Supreme Court has endorsed the lower court's reasoning as nationwide precedent. The lower-court ruling remains in effect for that case.

The Court often considers nationally important questions, conflicts between appellate courts, and cases involving major questions of federal law.

Certiorari granted

The Court agrees to hear the case.

Certiorari denied

The Court declines to hear it.

Rule of Four

At least four of the nine justices must vote to hear a case.

Jurisdiction

A court's authority to hear a case; the lecture also emphasizes location.

Appeal

A request for a higher court to review a lower-court decision.

Appellant

The party seeking appellate review.

Petitioner

A party asking a court to take action, including review by certiorari.

Respondent

The opposing party in a proceeding.

Precedent

An earlier judicial decision used as authority in later cases.

Circuit split

A disagreement among federal appellate courts about the law.

Civil versus criminal cases

Civil case

A legal dispute between people or organizations, usually involving money, property, or rights. Example: Someone sues another person for damages after a car accident.

Criminal case

A case where the government prosecutes someone for breaking the law. Example: Someone is charged with theft and may face fines or jail time.

Violation

A relatively minor offense. Your lecture uses a traffic or speeding ticket as an example.

Misdemeanor

A criminal offense generally less serious than a felony, but potentially punishable by jail time.

Felony:

A serious criminal offense. Examples from class include murder, arson, robbery, and rape.

Grand jury

• Your notes describe a grand jury of 23 people.

• Reviews the prosecution's evidence.

• Determines whether there is sufficient probable cause to indict.

• Proceedings are secret.

• Does not decide guilt or innocence.

Trial jury (petit jury)

• Hears evidence at trial.

• Evaluates the case.

• Determines the verdict of guilty or not guilty in a criminal trial.

Probable cause

A sufficient factual basis to believe that a crime may have been committed or that a legal threshold for action has been met.

Indictment

A formal accusation that someone committed a crime.

True bill

The grand jury votes to indict.

No true bill

The grand jury declines to indict on that presentation.

Voir dire

Questioning prospective jurors to assess their suitability and impartiality.

Subpoena

A legal order requiring someone to provide testimony or documents.

Fourth Amendment

Protection against unreasonable searches and seizures; warrants require probable cause.

Fifth Amendment

Right against compelled self-incrimination, including the right to remain silent.

Sixth Amendment

Right to counsel in criminal prosecutions, among other trial protections.

Constitutional religion provisions