Pols151 exam congress Judiciary

Exam 3 Study Guide Notes

Unit 1: Congress

  1. Definition of a Representative:

    • A representative is an individual elected to act on behalf of constituents, translating their interests and preferences into legislative action.

    • To "represent" means to act in the best interest of constituents, respecting their preferences while adhering to broader state or national interests.

  2. Four Models of Legislative Behavior:

    • Responsible Party Model (RPM): Represents the interests of the electorate while seeking to maintain party control and accountability.

    • Traditional Burkean Model (BM): Represents the interests of the constituents, relying on their judgment to make decisions based on experience and expertise.

    • Policy Demander Model (PDM): Represents the interests of activists or interest groups that push for specific policies, catering more to organized entities than to a broad constituent base.

    • Instructed Delegate Model (IDM): Representatives act strictly according to the wishes of their constituents, regardless of their own opinions.

  3. Bicameral Legislature:

    • A bicameral legislature consists of two separate chambers, exemplified by the U.S. Congress (House of Representatives and Senate).

  4. Comparison of U.S. House vs. U.S. Senate:

    • The U.S. House of Representatives is more democratically accountable to the people due to shorter terms and larger membership.

    • The U.S. Senate is more insulated from immediate public will, often referred to as the "chamber of the elite" due to longer terms and fewer members.

  5. Constituencies:

    • House members represent constituents within a specific congressional district.

    • U.S. Senators represent the entire state.

  6. Fenno’s Concentric Circles:

    • Members of Congress view their constituents in four concentric circles:

      • Geographic: The physical area and population within a district.

      • Reelection: Those constituents whose support is crucial for re-election efforts.

      • Primary: Individuals who are part of the political party's primary base within the district.

      • Personal: Close family and friends who have direct access and influence on the member of Congress.

    • Powerful interest groups typically fall within the reelection and personal circles.

  7. Terms of Service:

    • Members of the House serve 2 years per term.

    • Senators serve 6 years per term.

    • The Senate has staggered terms, which helps maintain continuity and makes it difficult to alter the chamber's makeup significantly at one time.

  8. Term Limits:

    • There are no term limits for members of Congress.

  9. Membership Numbers:

    • The U.S. House of Representatives has 435 members.

    • The U.S. Senate has 100 members.

  10. 17th Amendment Context:

    • Before the 17th Amendment (1913), U.S. senators were elected by state legislatures rather than by direct popular vote.

Forms of Congressional Authority

  1. Legislative Power:

    • The legislative power allows Congress to make laws.

    • A statute is a formal written enactment of a legislative authority that governs a state, municipality, or country.

  2. Taxation and Economic Inequality:

    • The current top marginal income tax rate is 37%; historically, it was significantly higher from 1932 to 1981 under various presidencies, reflecting differing economic policies.

    • Declining tax rates are correlated with increasing economic inequality, particularly an increase in the share of national income held by the top 1% since the 1980s.

    • Differences in the European context during the same period are substantial.

    • Refer to the 2018 World Inequality Report for more insight.

  3. Effective Tax Rate:

    • The effective tax rate is often lower than the top marginal rate due to various exclusions from taxation, such as capital gains and corporate profits.

    • Capital Gains are profits from the sale of assets or investments. Congress typically taxes long-term capital gains at a lower rate than ordinary income.

  4. Budgeting Power:

    • Congressional budgeting power includes the authority to create and approve the federal budget.

    • The appropriation process is how Congress allocates funds to various government departments and programs.

    • An earmark is a provision that allocates funds for a specific purpose or project, often used to meet local needs or interests.

  5. Discretionary Spending:

    • Over 50.6% of FY 2019 discretionary spending went to national defense.

    • Other categories of discretionary spending include education, health care, and infrastructure.

    • For context, a report by the International Institute for Strategic Studies estimates U.S. military spending at $604.5 billion, higher than the sum of the following 12 countries combined.

  6. Congressional Oversight Power:

    • The oversight power allows Congress to monitor, investigate, and supervise executive branch functions.

    • The U.S. House of Representatives has specific oversight duties to ensure governmental accountability.

    • Fire alarm oversight refers to a reactive approach to oversight triggered by specific problems, while police patrol oversight involves proactive, routine monitoring by Congress.

  7. Apportionment:

    • Apportionment refers to the process of redistributing congressional seats based on population changes following the Census every ten years.

Influence of Political Parties and Committees

  1. Congressional Committee System:

    • The committee system streamlines the legislative process by breaking down the legislative workload.

    • There are four types of committees:

      • Standing Committees: Permanent and crucial for legislative functions.

      • Joint Committees: Combine members of both houses for specific purposes.

      • Conference Committees: Resolve differences between House and Senate versions of a bill.

      • Select Committees: Created for specific purposes and are temporary.

  2. Super PACs:

    • Super PACs can raise unlimited funds for political advertising as long as they do not coordinate directly with candidates' campaigns.

  3. Unequal Democracy and Representation:

    • Analysis by Larry Bartels uses income level data from the American National Election Survey (ANES) to assess how Congress represents different income groups.

    • Findings suggest Congress may align more closely with affluent voter preferences over those of middle- and low-income voters, highlighting disparities in political participation and representation.

Unit 3: Executive — The American Presidency

  1. Primary Task and Obligation of the Executive:

    • The primary task of the executive branch is to enforce and implement laws passed by Congress.

  2. Presidential Constituents:

    • The president's constituents are the American populace that elects him, who expect accountability primarily to the electorate.

  3. Direct Election:

    • The president is not directly elected by popular vote but through the Electoral College system.

    • Small state delegates at the Constitutional Convention feared direct election would undermine their influence, hence the establishment of the Electoral College.

  4. Presidential Term:

    • A presidential term lasts 4 years.

    • Following the 22nd Amendment (1951), an individual can serve a maximum of 2 terms.

  5. Role of Chief Executive:

    • The president acts as the chief executive, overseeing the federal administration.

    • The president's cabinet aids in the management and execution of federal policies.

    • Cabinet members and heads of bureaucratic agencies are appointed by the president.

  6. Presidential Pardon Power:

    • The president possesses the authority to grant pardons for federal crimes.

    • This power can only be used for criminal offenses against the United States.

  7. Role of Chief Diplomat:

    • The chief diplomat shapes foreign policy and manages relations with other countries.

  8. Role of Commander in Chief:

    • The president serves a pivotal role as commander of the armed forces.

  9. War Powers:

    • Only Congress has the authority to declare war (Article I, § 8, Clause 11).

    • The War Powers Resolution of 1973 mandates the president to withdraw troops within 60 days if Congress has not declared war or authorized the military action after the initial deployment.

  10. Role of Chief Legislator:

    • As chief legislator, the president can recommend legislation and has the power to veto congressional bills.

    • A presidential veto can be overridden by a two-thirds majority in both chambers (House and Senate).

  11. Presidential Roles and Powers:

    • It is essential to understand all seven presidential roles (e.g., Head of State, Chief Executive) and their corresponding formal powers.

  12. Impeachment Process:

    • Impeachment is the process by which the House of Representatives can bring charges against a sitting president.

    • The House votes on whether to impeach, whereas the Senate conducts the trial to determine whether to remove the president from office.

    • As of now, three presidents have been impeached, yet none have been convicted and removed from office following a Senate trial.

Unit 4: The Federal Judiciary / U.S. Supreme Court

  1. Judicial Branch Function:

    • The fundamental role of the judicial branch is to interpret laws and adjudicate legal disputes, ensuring justice under the law.

  2. Hamilton's Perspective on the Judiciary:

    • Alexander Hamilton believed the federal judiciary would be the weakest branch, lacking the "power of the purse" (financial control) and the "power of the sword" (military enforcement).

    • He argued that the judiciary's power strictly lies in judicial review.

  3. Selection of Judges:

    • Unlike elected branches, Supreme Court justices and federal judges are appointed by the president and confirmed by the Senate, emphasizing a non-democratic selection process.

  4. Article III Provisions:

    • Article III of the Constitution establishes the federal judiciary but does not specify the exact number of federal courts.

  5. Terms of Federal Judges:

    • Federal judges and Supreme Court justices hold their position for life, unless they choose to resign, retire, or are impeached.

  6. Supreme Court Authority:

    • The U.S. Supreme Court is the highest court, serving as the ultimate legal authority in the United States.

  7. Jurisdiction:

    • Jurisdiction refers to the authority of a court to hear and decide cases. Original jurisdiction allows a court to hear a case first, while appellate jurisdiction involves reviewing a decision from a lower court.

  8. Judicial Review:

    • The power of judicial review allows the Supreme Court to invalidate laws or executive actions that are found unconstitutional.

  9. Judiciary Act of 1789:

    • The Judiciary Act of 1789 established the structure of the federal court system, including the creation of lower courts beneath the Supreme Court.

    • Federal Judicial Hierarchy:

      • Highest Level: U.S. Supreme Court (original and appellate jurisdiction).

      • Middle Level: 13 U.S. Courts of Appeals (appellate jurisdiction only).

      • Lowest Level: 94 U.S. Federal District Courts (original jurisdiction).