12th: APGOVT Chapters 11-12, 14-15

Purpose of Article I

outline legislative branch

Article I Speech and Debate Clause

protects Congress members from a potential lawsuit filed for something they say during legislative activities

Article I Arrest Clause; 3 exceptions

protects Congress members from arrest while attending a session in their house EXCEPT in the case of Treason, Felony, or Breach of Peace

Junket

vacation taken by an official at public expense

Constituent

a voter whom a Congress member represents

Red tape

complex bureaucratic rules and procedures that must be followed to finish a task

Case Work

Addressing constituents' concerns by working through bureaucratic red tape and fighting for policy change

Pork barrel

List of beneficial projects, funds, contracts Congress members advocate to implement in their district

Earmarks

special funded projects aimed towards the constituents of a Congress member

Name ways incumbents have a campaign funding advantage over challengers (2)

-PAC's and interest groups more likely to donate to incumbents

-franking privilege

House vs Senate in terms of structure

House follows a stricter structure and set of rules, while Senate is less centralized and more open to debate

House of Representatives background requirements (3)

-at least 25

-citizen for at least 7 years

-resident of district in state

Senate background requirements (3)

-at least 30 years

-citizen for at least 9 years

-resident of state

Why is incumbency more of an advantage in the House than in the Senate?

House Representatives represent a smaller, more homogenous district (aided by gerrymandering) than Senators who represent the whole state, meaning residents of the district are more united in political views

Formal organization name of House Democratic members and of House Republican members

Democratic Caucus

Republican Conference

Speaker of the House/majority party leader: name at least 2 major roles

-appoints committee chairs

-directs House agenda

-assigns bills to committees

-advocates their party's goals

The minority leader definition

Leader of minority party in House who promotes and protects party's ideas and rights and nominates minority party members to committees

Role of majority/minority whips in House

"whip" party members into line with the agenda by gathering votes from members and organizing party goals

How is the Speaker elected?

Each party nominates one of their senior members to a roll call vote during which they must gain at least 218/435 votes of approval

How is the Minority leader elected?

The losing Speaker nominee from the other party becomes minority leader

Senate President/VP roles (3)

-presides over Senate agenda

-acts as a tie-breaker in decisions

-formally regulates electoral ballot counting during Presidential elections

Name at least 3 ways Carter and Mondale worked to expand the role of VP

-greater access to intelligence briefings

-VP office in West Wing

-more frequent meetings one-on-one or with other executive agents and secretaries

-integration of VP and Presidential staffs

President Pro Tempore

Longest-serving member of the majority party who subs in for the VP during their absence

Majority/minority party leaders in Senate

Active members of Senate who protect party's rights, advance their goals, and lead agenda and proceedings

Committee Chairperson description

Committee head, often selected based on seniority, who organizes meeting times and topics to be discussed

How does committee makeup reflect makeup of Congress as a whole?

Since parties choose members to nominate to committees, the majority party often has higher numbers in the committee

Congress standing committee meaning; EX?

permanent committees whose legislation specializes in specific areas (EX: agriculture, ethics)

Congress select committee (or "special and select" committee in Senate) meaning; EX?

temporary or permanent committees formed to conduct special investigations or studies

EX of special and select committees

permanent committee of Intelligence (both House and Senate)

Joint committees

permanent committees that unite members from both the House and Senate

Conference committees

temporary committee made up of both House and Senate members that aim to forge a "compromise" bill when House and Senate passes different versions of the bill

Subcommittees

Committee divisions that distribute and further specialize a particular area of legislation, allowing for a more-detailed and efficient analysis of an issue

Legislative Oversight

Congress' monitoring of the bureaucracy's policy-making

Influences on legislation from within Congress (2)

-Majority/minority party: set agenda, elect members to committees

-Informal caucuses

Informal caucus

informal, Congress version of interest groups that form from members with shared goals

Congress personal staff

draft legislation and are the ones to most often meet with the public

Congressional Budget Office

advises Congress on economic factors surrounding their spending decisions and works with the Executive Office of Budget and Management

General Accounting Office (GAO)

manages finances of executive agencies and recommends ways to spend taxpayer dollars

BILL > LAW STEP 1

Congress member in either House must introduce the bill

BILL > LAW STEP 2

Speaker or Senate Majority leader officializes the bill's referral to a specific committee, where it is discussed and voted on to receive passage to the floor

Potential BILL > LAW step after step #2

Subcommittees further research and revise specific sections of the proposed bill

BILL > LAW STEP 3

All senators or House Representatives potentially amend the bill and vote, sending it to the other House if it receives the majority

open rule vs. closed rules in the House

Process specific to the House; open rule allows for amendment of bill while closed rule restricts amendment

Bill Riders

related or unrelated provisions added onto bills, often in attempt to gain more support for a bill passage from Congress members

Logrolling

an informal, mutual favor in which Congress members agree to support one another's bills

What type of bill results from open rule discussion of a bill?

Christmas tree bill

BILL > LAW STEP 4

The bill goes to the other House where it is similarly assigned a committee and voted on to reach the floor

(BILL > LAW STEP 5 if needed)

Conference committee to reach a "compromise" bill that must later obtain majority approval in both Houses

BILL > LAW STEP 5

If both Houses approve of the same version of the bill, it goes to the President who has 10 days to approve or veto it

What happens if the President does not act on the bill in 10 days?

Known as a pocket veto (not commonly used anymore), a strategy the President may employ if he disapproves of the bill but does not want to take an explicit political stance on it

How can a pocket veto fail for a President?

If Congress is in session after the 10 day period is over, the bill can become a law without Presidential signature

How can a veto during the 10-day period fail for a President?

Congress can override veto with a 2/3 vote in both houses

Name at least 3 ways a bill can die

-never referred to a committee

-does not receive enough votes to move to the floor

-Senate leadership does not schedule a hearing for the bill

-filibustered for too long

-President veto stands unopposed

Example of filibustering

In 1964, Southern senators filibustered the proposed Civil Rights Act for 72 hours by delivering continuous addresses

Cloture

a way for the Senate to end a bill debate by taking a majority vote

Why is the bill passage difficulty needed?

intended to prevent tyranny and easy passage of irrational laws

Name 3 ways the Executive branch can influence legislation

-State of the Union address

-veto

-appeal to the media

State of the Union Address

The President's annual, January address in which he details key issues of the nation and proposes plans of action to Congress

Instructed delegates/substantive representation

how Congress should theoretically vote: set aside personal beliefs in order to vote based on the views of their constituents

Trustees

Congress members who vote as they see fit, based on their own conscious/judgment

Partisan way of voting

Congress members who vote according to party beliefs

Politico

Congress members who balance constituents' views, personal judgment, and party beliefs in order to vote

Joint resolution general definition

legislation that is introduced into both Houses simultaneously and must be passed in identical form before moving onto the President

Joint resolution for constitutional amendments

Type of joint resolution that does not require Presidential vote, instead needing 3/4 approval from state legislatures

3 background requirements for president

-natural born

-at least 35

-lived in US for at least 14 years

22nd Amendment

president max two terms

25th Amendment

Congress first officially confirms the departure of a President from office before appointing VP to position

Presidential Succession Act 1947

in the case that both the President and VP are unable to serve, a procedure that permits officials to carry out presidential duties without formally taking office

Article II Section IV: Impeachment

House of Representative ability to indict an office holder, or formally accuse them of a wrongdoing

Article II Section IV: Conviction

Senate trial for the indicted office holder that requires a 2/3 vote to officially dismiss them

Name at least 2 examples of how the Executive branch has both expanded or retracted in power

-Thomas Jefferson Louisiana Purchase (Elastic clause argument)

-Andrew Jackson Spoils System

-Lincoln martial law --> Reconstruction Congress

-Great Depression

-Nixon and Vietnam War

President ability: PARDONS define

not an affirmation of innocence but rather a President's formal forgiveness given to someone who has recognized their wrongdoing and agrees to a period of good conduct after serving their sentence

President ability: REPRIEVES

temporary post-poning of a death sentence

Clinton v. New York City 1998

Line Item Veto deemed unconstitutional because President can only nullify the entirety of legislation, not just parts of it

What are 2 roles/tasks that the title Chief Executive entails?

head of bureaucracy, recommend agency budgets

Executive Order

An often temporary rule issued by the president that has the force of law and does not need Congress approval

Lincoln example of Executive Order

Lincoln issued the Emancipation Proclamation which freed slaves in Confederate states and allowed them to enlist in the Union army

Who makes up the President's cabinet?

the 15 bureaucratic department heads who are appointed by the President and confirmed by Senate

At least 3 examples of bureaucracy departments

Agriculture, Commerce, Defense, Education, Energy, State, Health and Human Services, Housing and Urban Department, Homeland Security, Interior, Labor, State, Transportation, Treasury, Veteran Affairs

National Security Council

President's principal advisors in national security and foreign policy

Council of Economic Advisors

President's 3 economic expert group who advise in both domestic and international economic policy

Coattail effect

beneficial impact the election of a popular candidate has on other party members running for office positions

As Chief Diplomat, the president can (3), but cannot (1)

appoint ambassadors, form international treaties that don't require Congress approval, recognize foreign governments; declare war

Commander in Chief ability and limitation

President, with advising from Executive agents, directs military forces but requires Congress permission if more funding is needed

War Powers Resolution 1973; 2 main parts

1. notify Congress within 48 hours of sending troops abroad

2. withdraw forces after 60 days unless Congress permits extended duration

Name at least 2 ways Congress can check on the Executive Branch

-legislative oversight

-Article II Section IV impeachment and conviction

-override a veto

-confirm Cabinet

-consult military decisions

Honeymoon period

period of grace during which a new leader receives more open-minded and respectful media coverage to their agenda

Bully pulpit

the president's use of his prestige and visibility to advocate and draw attention to issues

Linkage institution that largely links the Executive Office to the public

Press Secretary person reports the happenings inside the Executive office, mostly through daily press conferences

Bureaucrats definition

non-elected executive officials tasked with implementing and regulating policies in their specialized areas

Plum Book

lists top federal jobs available for direct presidential appointment, often with Senate confirmation

How did the Pendleton Civil Service Act of 1883 shape federal employment?

furthered attempts to make federal jobs merit-based and so created the civil service test

Hatch Act of 1939

prohibits civil servants (civil service employees) from directly influencing success of a partisan candidate/group

How does the Office of Personnel Management assist in federal employment?

oversees job applications the civil service test

Senior Executive Service

An elite group of 8000+ executive agency managers who oversee activities across bureaucratic departments and connect the civil servant workforce to department heads

Independent Regulatory Agencies/Commissions

specialized federal agencies that are an extension of the Executive branch but are autonomous enough to have their own leadership committee and enforce regulations free of government political interests

Name 2 examples of Independent Regulatory Agencies (HINT: ones we learned in APUSH)

Securities and Exchange Commission, Interstate Commerce Commission

Weberian model of bureaucracy

Bureaucracy is hierarchal and organized as intended

Acquisitive model of bureaucracy

bureaucracies compete for the limited funds, staff, and other resources available

Garbage can model of bureaucracy

ideas are proposed randomly, which bureaucrats eventually construe together to form policies