Untitled Flashcards Set

Unit IV- Institutions of National Government (Congress, Presidency, Courts, and Bureaucracy)

Ch. 11-15

Congress

(_#______ representatives and #____ senators)….House v. Senate 

Party Leadership. Know: Speaker of House, President Pro Tempore, Majority and Minority Leaders, Whips, caucus

1. Powers Unique to the Senate

   1. __________________ RATIFICATION

   2. Confirmation of judicial and executive appointments.

   3. __________________________________________ (AFTER IMPEACHMENT FROM HOUSE)

   4. These powers are unique because:

   5. More mature body

   6. More insulated from public opinion/ indirectly elected (originally)

   7. _____________________________________ TERMS (How Long)

   8. Reflects state interests.

2. Powers Unique to the House

   1. Initiate revenue bills.

   2. Choose the President when the Electoral College is deadlocked.

   3. _______________________________________ OF FEDERAL OFFICIALS

   4. These powers are unique because:

      1. CONSIDERED _________________ (closer/more distant) TO THE PUBLIC; ______________ (smaller/bigger) CONSTITUENCY

      2. More representative of and responsive to the public/direct election to two-year terms. 

3. Additional Powers

   1. Congress is empowered to create new federal courts and specify the number of judges who will sit on them.  

   2. One of the formal tools used by Congress for ____________________ of the bureaucracy is authorization of spending. 

   3. The congressional power that has been contested most frequently in the federal courts is the power to regulate ________________________________ Commerce  (think: between states)

   4. A legislative veto is _________________________________ because they violate the principle of separation of powers. 

2. Differences in House and Senate (procedures)

1. ___________________________ is the most important factor that determines which candidate will win an election.  (win more than 90% of time).  This provides expertise and stability to Congress but also insulates it from change.  

   1. Incumbents in the House are more likely to be reelected, however, because Senators are more high profile and are more likely to be held accountable for public policy.  

   2. Advantages of incumbents:

      1. NAME ______________________________

      2. CREDIT CLAIMING ON _________________________

      3. Position Taking:  public image strengthened because already taken a stand on issues relevant to their constituents.  

      4. _______________________ IDENTIFICATION

      5. Campaign spending: often due to contributions from interest groups and PAC’s

2. _____________________________ privilege is extended to all members of Congress. It means members of Congress can send mail to their constituents at the government’s expense.  

3. Congressional boundaries are drawn by state legislatures (know: gerrymandering, malapportionment,  reapportionment, redistricting)

   1. “critical elections” are most likely associated with party realignment.  

4. Committees

   1. House ___________ Committee sets conditions for debate and amendment of most legislation. Also puts bills on calendar for debate.

   2. _____________________ Committees (both houses)- decides how government money will be apportioned to federal agencies. 

   3. House ___________________________________ Committee- writes bills concerning tax and other public revenue.

   4. Senate Finance Committee-works with the House Ways and Means Committee to write tax revenue bills.  

   5. Types:  

      1. ________________Committees: handles specific policy area.  Both House and Senate have them.  Often divided into subcommittees. Usually permanent

      2. _________________ Committees:  oversee areas where policy overlaps.  Made up of representatives and Senators.

      3. ____________________ Committee:  handles specific issues, like an investigation or impeachment trial.

      4. ____________________ Committee: iron out differences between the House and Senate version of a bill.  Have members of both Houses.  

   6. Committee chairs influence agenda of most committees.  Chair is a member of majority party and is the most senior member of majority party of committee.  Minority party member with longest tenure called ranking member.  The Seniority system was a formal rules used to select hairs, but is no longer a requirement.  

5. How A Bill Becomes Law (List the Steps)

Representatives and Senators

• Members of Congress are directly elected by registered voters.

• The most important variable in determining the outcome of an election for a member of the House has been incumbency.*

• Incumbents have an advantage over challengers because they can use staff members to do services for their constituents (individual voters)**, they are better known to voters, they find it much easier to raise campaign funds than challengers, and they often serve on committees that enable them to help their constituency.   

• Elections in the House of Representatives provide approximately equal representation for every voter.  

• Communication between congressional representatives and constituents occurs mainly through the personal staffs of representatives.*

• Members of Congress DO NOT receive government funds for their campaigns (only Presidents).

House vs. Senate (comparison and contrast)

The framers created a bicameral majority because:

• ________________________ Compromise

• Compromise among competing interests/protect minority interest

• ___________________ (Slow down or Speed Up THE PROCESS

• Different types of representation/federalism

• An intrabranch check/prevent majority tyranny.

• Incumbent senators are (MORE OR LESS) likely to be reelected than are incumbent members of the House of Representatives.*

• The following are differences between the legislative process in the House of Representatives and in the Senate:

  • Debate is more restricted on the House floor than on the Senate

  • The amendment process is more restricted in the House than in the Senate

  • A *Rules Committee sets the guidelines for floor debate in the House but not in the Senate. 

(essentially, the House operates by more formal rules than the Senate, who operates more in informal understandings.)

• The committee system is more important in the House than in the Senate because the House is so large that more work can be accomplished in committees than on the floor.  

• A few of the advantages the majority party has in the House include:  Holds committee chairs, Controls Rules Committee, Sets the agenda, Controls debate, Chooses the Speaker of the House, Holds majority on each committee, and Assigns bills to committees

• Some basic differences between the House and Senate include: (need to make a big, detailed chart for students to fill out using book in class…maybe do this after the full discussion of the Congress as a review/reinforcement activity)

The differences between the House and the Senate affect passage of a bill through the following factors:

• Filibuster- even though the House may pass a bill, the Senate can kill the bill with a filibuster.

• Holds- even though the House may pass a bill, the Senate, can delay or stop it with a hold.

• Unanimous consent agreements- The Senate can ease passage of a bill with unanimous consent agreements, while the House has no such mechanism

• Germaneness- The Senate can add unrelated content that members of the House might find objectionable.

• Rules Committee- even though the Senate may pass a bill, the House Rules Committee can hinder passage of that bill in the House.

• Longer and/or staggered terms.

• Reflects state interests

Organization of Congress (parties, caucuses, committees, staff, etc.) 

• Be familiar with the major types of committees and their purpose (example:  judiciary, agriculture, rules, foreign affairs, and science and technology)

• The power of the *Rules committee in the House of Representatives rests on its authority to place a bill on a legislative calendar, limit time for debate, and determine the type of amendments allowed.  

• The role of conference committees is to reconcile differences in bills passed by the House and Senate.

• The details of legislation are usually worked out in subcommittees.  

• Most of the bills introduced in the House and the Senate are then referred to committee but never sent to the full Congress. 

• The influence of committee chairs has decreased in Congress over the past twenty years.  

• The congressional system of standing committees is significant because it fosters the development of expertise by members.  They are best described as permanent subject-matter committees. *

• Standing committees tend to oversee the bureaucracy’s implementation of legislation.  

Congress in Action (Powers of Congress)

• Debate of a bill in the House of Representatives under a “closed rule” means that amendments to the bill may not be offered.  

• ___________________________ legislation helps the reelection chances of a member of Congress because such legislation helps earn a member of Congress a reputation for service to his or her district.

• A _______________________________ passed in the Senate cuts off debate (filibusters) on a bill. It takes _______________ votes.

• Congress is empowered to create new federal courts and specify the number of judges who will sit on them.  

• The legislative process is frequently lengthy, decentralized, and characterized by compromise and bargaining.  

• Congressional reapportionment is: The reallocation of the number of representatives each state has in the House of Representatives.

• Congressional reapportionment is important to states because:

• Reapportionment increases or decreases the number of seats a state has in the House/Congress (not the Senate).

• More representatives mean that a state has more influence.

• Reapportionment increases or decreases a state’s number of electoral votes.

• The drawing/redrawing of House/congressional (not Senate) district lines

• The primary goal of politicians when they gerrymander is:

  • To enhance political party strength/to minimize the strength of the opposition party.

  • To protect incumbents/to discourage challengers.

  • To increase minority representation/to decrease minority representation.  

  • To punish foes/to reward friends

Presidency

Terms: line-item veto, 25^th Amendment, impeachment, presidential coattails, pocket veto

Roles of President (*= Constitutional)

1. Chief (Head) of State* (Ceremonial duties)

3. Chief Diplomat (negotiate treaties)*

5. Chief Legislator (present State of Union)*

6. Chief of Party or Political Party Leader (nominating justices)

2. Be familiar with Presidential Powers…distinguish between formal and informal powers.  

   1. Formal Powers Examples: (located in Article ________ of the Constitution)

3. List and Define Informal Presidential Powers: 

4. The Public President

   1. Presidents try to transform popularity into congressional support for their programs

   2. The public may not be receptive to the president’s message or misperceive it all together.

   3. Presidential coattails have had a INCREASING OR DECREASING effect for years

   4. A President’s popularity tends to RISE OR DROP during his term in office.  

5. Running the Government

   1. Cabinet (Define):

      1. (1 Attorney General, 14 Secretaries). 

   2. Executive Office Of President (List three examples):

      1. Consists of National Security Council, Council of Economic Advisors, Office of Management and Budget, and White House Office (Personal and political advisors to the President. Takes care of political needs and manages the press. Principal staff for President has been made up of members of this office)

      2. Cabinet appointments require __________________(who’s?) confirmation as well as some key independent executive agencies (Secretary of State, Director of the FBI, and Attorney General, for example).  The White House Staff and the Executive Office of the President do NOT require Senate approval. (Chief of Staff, for example).

6. War Powers Resolutions 

   1. It was designed to assure congressional involvement in decisions committing military forces in hostile situations overseas. 

   2. Provisions 

      1. The President must notify Congress within 48 hours of sending troops into combat.

      2. President must consult with Congress whenever feasible

      3. Conflicts are limited to 60 days unless Congress takes action

      4. Congress can extend time from the initial 60 days or can withdraw troops after 60 days with adequate notification to the President.

Bureaucracy

1. Classic conception of bureaucracy (Max Weber)—a hierarchical authority structure that use task specialization, operates on the merit principle, and behaves with impersonality

2. _____________________________ System relies on entrance exams and civil servants promoted by merit rather than patronage. (______________________________Act).  

   1. Department of Defense has largest number of civil employees, followed by U.S. Post Office.  

   2. ____________________ Departments oversee and administer various policy areas.  

   3. _______________________ agencies oversee a particular aspect of the economy, create regulations that protect people.  

   4. _____________________________________ perform services for a fee, like a private business. (examples: Post Office, Amtrak, and Tennessee Valley Authority). 

   5. ________________________ Agencies include all other executive bodies.  Most created for a specific purpose like NASA.  

3. Bureaucracies are in charge of policy implementation.  Implementation can be difficult if the program design is flawed.  Congress may not be clear enough about policy goals, may provide a lack of resources, the standard operating procedures may be inflexible, and confusion may result from several departments being involved in the implementation of a particular policy.  (Voting Rights Act of 1965 an example of successful implementation)

4. The President has difficulty controlling cabinet-level agencies for the following reasons:

   1. Agencies often have political support from ____________________________ (What linkage institution?)

   2. Agency staff often have information and technical  expertise that the President and his/her advisers lack

   3. Civil servants who remain in the administration through changes of administration develop loyalty to their agencies

   4. Congress is a competitor for influence over the bureaucracy.

Presidency

• Directly electing a Presidential candidate would result in each vote counting equally.

• Since 1960, the Presidential Election process has been affected by an increase in all of the following:  proportion of independents in the electorate, influence of political consultants, number of primaries, role television.

• Veto Power: Presidents sometimes veto:  A President sometimes threatens to veto a bill that is under discussion in order to influence congressional decision-making; Congress is usually able to override a President’s veto.  

• Those who would support a line-item veto argue that this power would increase the President’s ability to control federal spending.  A president requesting this power is a challenge to the principle of separation of powers.

• When selecting a vice-presidential candidate, a presidential nominee is usually concerned primarily with choosing a running mate who adds balance and appeal to the national ticket.

• The following procedures result in impeachment:  The House votes for __________________ and the Senate _____________________________ and reaches a guilty verdict.

• The following have resulted in an increase in presidential power in the post-1945 era:  tensions between the United States and the Soviet Union during the Cold War period, an increase in public expectations for services from the federal government, economic and domestic problems such as inflation, unemployment, and civil rights issues, increasing United States involvement in international affairs.  

Acceptable identifications of explicit, formal constitutional powers of the President in foreign policy may include:

• Commander-in-chief, power to commit troops

• Appointment of ambassadors and foreign policy officials

• Negotiate/make treaties

• Recognition of nations

• Receive ambassadors and other public ministers.

Acceptable identifications of informal powers of the President may include:

• Executive Agreements

• Access to media/bully pulpit/morale building

• Agenda setting

• Meet with world leaders

• Crisis manager

• International coalition building

• President has access to more information, knowledge, or expertise than does Congress

• Recognized as global leader

• Powers of President over domestic policy: 

  • Legislative powers (veto, pocket veto, signing legislation)

  • State of the Union address

  • Appointment power(to a domestic office)

  • Calling Congress into session 

  • Commander-in-chief role

President and Congress

• A president may persuade recalcitrant members of Congress to vote for a particular bill by making a direct appeal to the public through the mass media.* He also can assign legislative liaisons in the Executive Office of the President to lobby legislators, exploiting a partisan majority for the President’s party in both the House and Senate, and reminding legislators of high popularity ratings for the President in public opinion polls.

• Invocation of the War Powers Act of 1973 would be most important in determining the nature of the commitment of the United States military to a peace-keeping role in the world.  It was designed to assure congressional involvement in decisions committing military forces in hostile situations overseas. It specified that the President must bring troops home from hostilities within 60 to 90 days unless Congress extends the time.**

• Provisions of War Powers Act:

  • The President must notify Congress within 48 hours of sending troops into combat.

  • President must consult with Congress whenever feasible

  • Conflicts are limited to 60 days unless Congress takes action

  • Congress can extend time from the initial 60 days or can withdraw troops after 60 days with adequate notification to the President.

• Powers of Congress in War Making:

  • Passing laws

  • Appropriations (any mention of “funding”)

  • Confirmation of nominees

  • Impeachment

  • Treaty ratification

  • Congressional oversight (hearings or investigations).

• In trying to influence legislation, the President is usually more successful than congressional leaders in using the media to set the policy agenda. .  

• The President has advantages over Congress in the area of foreign policy because

  • Acceptable explanations of the President’s advantage over Congress may include:

  • Persuade Congress: negotiate, offer support, threats, etc.

  • Persuade public: (various means of persuasion) on foreign policy process/issues (e.g, apply pressure to Congress)

  • Ability to circumvent the formal process

• Informal Powers of Congress in foreign policy

  • Confirm ambassadors

  • Power of the purse in military/foreign policy matters

  • Declare war

  • Pass laws/resolutions regarding foreign policy issues

  • Regulate foreign commerce (including trade agreements)

  • Ratify treaties

Bureaucracy

• The President has difficulty controlling cabinet-level agencies for the following reasons: Agencies often has political support from interest groups, agency staff often have information and technical  expertise that the President and his/her advisers lack, civil servants who remain in the administration through changes of administration develop loyalty to their agencies, Congress is a competitor for influence over the bureaucracy.

• An advantage that bureaucrats in federal government have over the President in the policymaking process is that bureaucrats usually have a continuity of service in the executive branch that the President lacks.

• The usefulness to the President of having cabinet members as political advisers is undermined by the fact that the loyalties of cabinet members are often divided between loyalty to the President and loyalty to their own executive departments.

• One of the formal tools used by Congress for oversight of the bureaucracy is authorization of spending.  

• Reasons why Congress gives federal agencies policy-making discretion in executing federal laws include:

• Congress lacks expertise/agencies have expertise.

• Congress does not want to be blamed for bad policy.

• Time-consuming

• Easier to come to agreement

• More efficient

• Ways in which Congress ensures that federal agencies follow legislative intent include:

  • Oversight

  • Budget/appropriations

  • Hearings

  • Investigations

  • Government Accountability Office (GAO)

  • Change law.

  • Legislative veto

  • Casework

  • Sunset laws/reauthorization/dissolve agencies/create new agencies

1. Judicial Branch

   1. Terms to know: 

      1. _____________________ brief- briefs written by interest groups on behalf of litigants to the SC.  jurisdiction (original and appellate), district courts, circuit courts of appeal, precedent/_____________ (Latin Term?)

   2. Supreme Court appointments are life-time appointments, which mean the President’s appointments can influence public policy far beyond their terms in office.  This is why SC judges are likely to have political experience so the President knows their views on certain issues.  

      1. _____________________________ is often used in selecting justices.  Senators in the state where the district is located recommend a person to the President, who, usually, concedes. This does NOT happen in Supreme Court nominations.  

   3. The Supreme Court is unlikely to hear a case on _________________ (Type of case) from a lower court.  They only hear about _________ out of 8000 appeals per year.  

   4. Original intent seeks to determine the meaning of the Constitutional according to the intentions of the framers. Many “originalists” believe that the judicial branch has become too powerful and favor judicial ________________.  

   5. Judicial __________________ wish to allow justices the freedom to forge new policies, especially concerning people underrepresented in the political process.  

   6. Checks on Judiciary (ways judges are accountable to the people)

7. John Marshall: initiated the practice of judicial review in _________________________ (Court Case?) and expanded the power of the Supreme Court significantly

8. The Warren Court became actively involved in expanding civil rights and liberties

9. The Burger Court was more conservative but still upheld allowed abortion in Roe v. Wade.

10. The Rehnquist Court became more conservative and began to limit some of the liberal rulings from the previous two courts.  

Key Cases to Know:

1. Baker v. Carr- “one person one vote”

2. Marbury v. Madison- This decision established the principle of the court’s power of Judicial Review

3. McCulloch v. Maryland- This ruling allowed for the expansion of federal power over the states through new interpretation of the “necessary and proper” clause of the Constitution.  In a unanimous decision, the Court held that Congress had the power to incorporate the bank and that Maryland could not tax instruments of the national government employed in the execution of constitutional powers. Writing for the Court, Chief Justice Marshall noted that Congress possessed unenumerated powers not explicitly outlined in the Constitution. Marshall also held that while the states retained the power of taxation, "the constitution and the laws made in pursuance thereof are supreme. . .they control the constitution and laws of the respective states, and cannot be controlled by them." 

4. Roe v. Wade- made abortion legal and essentially forbade any restrictions during the 1^st trimester.  

5. US v. Nixon- This Supreme Court ruling upheld the principle of executive privilege, but declared that the right was not unqualified

6. Shaw vs. Reno – Racial gerrymandering unconstitutional - Majority-Minority

Judicial Branch

• The Courts generally have tried to avoid deciding conflicts between Congress and the President.

• Agreement among four justices on the Supreme Courts is always sufficient to accept a case for consideration.

• Those who believe that the Supreme Court in its rulings should defer to the elective institutions of government are advocating judicial restraint.

• The tendency of judges to interpret the Constitution according to their own views illustrates the term judicial activism

• The Supreme Court is insulated from public opinion by:

  • Appointed but not elected.

  • ________________ Terms

  • Court’s ability to control its own docket/set its own agenda.

  • ____________________ CANNOT BE REDUCED (EXCLUDES LEGISLATIVE COURTS)

  • Limited access to Court proceedings.

• They do not deviate too far from public opinion, though because:

  • The appointment and/or confirmation process (no point ifs given if the response says that the House confirms, but if the response says Congress confirms, this is acceptable).  If the appointment and confirmation both processes are fully discussed as two SEPARATE processes, the response may earn points for both.  

  • Reliance on other public officials to execute decisions.

  • The fact that the Supreme Court can be overruled with new laws or constitutional amendments. (“New laws” do not include Congress’s general power to write legislation)

  • The concern for reputation-individual reputation and/or that of the Supreme Court.  concern fro credibility/legitimacy of the institution falls into this category.

  • The potential for the impeachment of judges.

  • Congressional control of the Supreme Court’s appellate jurisdiction and/or changing the number of justices on the Court.

The Federal Budget (Ch. 13)

Terms to Know:

1. Budget:

2. Expenditures:

3. Revenues:

4. 16^th Amendment:

5. Deficit:

6. National Debt:

7. Entitlements:

8. Discretionary Spending:

9. House Ways and Means Committee

10. Congressional Budget Office:

11. Office of Management and Budget:

12. Budget Resolution:

13. Authorization Bill:

14. Appropriations Bill:

15. Continuing Resolutions:

16. Fiscal Year:

17. Social Security:

18. Medicare: