US GOV FINAL

PLSC 20003 Unit 4: Study Guide

Congress and Legislative Structure

• Bicameralism: The system of having two chambers in a legislative body (e.g., U.S. Congress: the House of Representatives and the Senate).

• Apportionment: The process of allocating seats in the legislature (such as the House of Representatives) based on population.

• Gerrymandering: The manipulation of electoral district boundaries to favor one political party or group over another.

Congressional Powers

• Types of Congressional Powers:

  • Enumerated Powers: Powers explicitly granted to Congress by the Constitution (e.g., taxing, regulating commerce).

  • Implied Powers: Powers not explicitly stated but necessary to carry out enumerated powers (e.g., creating a national bank).

  • Inherent Powers: Powers that are assumed to exist due to the nature of sovereignty (e.g., defending the nation).

• Levels of Constituent Relationships:

  • Legal: Addressing legal issues or concerns of constituents.

  • Re-election: Focusing on activities to help secure re-election.

  • Primary: Targeting primary election voters, often party-centric.

  • Political Advisers: Seeking advice from political consultants to guide legislative actions.

Models of Representation

• Delegate Model: Representatives act as direct agents of their constituents, voting according to their wishes.

• Trustee Model: Representatives use their judgment to make decisions that they believe are in the best interest of the nation or constituency, even if it contradicts the wishes of their constituents.

• Politico Model: A hybrid of the delegate and trustee models, where representatives act as delegates in some situations and as trustees in others, depending on the issue.

• Party Whip: An individual responsible for party discipline, ensuring members vote according to party lines.

• Speaker of the House: The leader of the House of Representatives, responsible for setting the legislative agenda and maintaining order in the chamber.

Types of Committees

• Standing Committees: Permanent committees that deal with ongoing legislative issues.

• Joint Committees: Committees that include members from both the House and Senate, often for specific issues.

• Conference Committees: Temporary committees formed to reconcile differences between House and Senate versions of a bill.

• Select Committees: Temporary committees established to investigate a specific issue or event.

Special Floor Rules

• Self-Executing: A type of rule that automatically implements certain actions without the need for further approval.

• En Bloc: The process of considering multiple amendments or bills together in one vote.

• King of the Hill: A special rule where amendments are voted on, and only the last one to pass is included in the final bill.

• Queen of the Hill: A variant of King of the Hill, where the highest-ranking amendment is the one that is included.

• Senate Hold: A procedure where a senator can prevent a bill or nomination from coming to a vote.

• Quorum Call: A procedure to determine whether enough members are present to conduct business.

Presidential and Executive Powers

• Impeachment: The process by which a sitting president or other government official can be charged with misconduct and removed from office.

• Signing Statement: A statement issued by the president when signing a bill into law, often explaining their interpretation of the law.

• Executive Order: A directive issued by the president to manage operations of the federal government.

• Direct Presidential Action: Actions by the president that bypass Congress, such as executive orders, proclamations, and military actions.

Election Processes and Political Strategy

• Primary Elections: Elections held to determine party nominees for general elections.

• Patronage: The practice of appointing people to government positions based on political loyalty rather than merit.

• Rational Decision Making: The process of making decisions based on logical reasoning and available information.

• Bounded Rationality: The theory that individuals make decisions within the limits of their knowledge and cognitive abilities.

• Incrementalism: A theory suggesting that decisions are made in small, gradual steps rather than through large, sudden changes.

Judiciary and Legal Concepts

• Barber’s Personality-Based Theory: A theory of presidential leadership based on the president's personal characteristics, distinguishing between active/passive and positive/negative leadership styles.

• Judicial Power: The authority vested in courts to interpret laws, resolve disputes, and determine constitutional validity.

• Code Law vs. Common Law:

  • Code Law: Legal systems based on written statutes and codes.

  • Common Law: Legal systems based on judicial precedents and interpretations.

• Criminal and Civil Cases:

  • Criminal Cases: Cases where the state prosecutes individuals for violations of the law.

  • Civil Cases: Cases where individuals or entities sue each other for damages or resolutions of disputes.

• Benefits of Dual Court System: The structure in which state courts and federal courts operate separately, providing checks and balances and addressing different types of legal issues.

• Levels of Federal Courts:

  • District Courts: The lowest level of federal courts where cases begin.

  • Circuit Courts (Court of Appeals): Courts that hear appeals from district courts.

  • Supreme Court: The highest court in the United States that has final appellate jurisdiction.

Judicial Procedures and Concepts

• Senatorial Courtesy: The practice where senators from a state where a federal judge is to be appointed are given deference in the selection process.

• The Rule of Four: A Supreme Court rule that requires four justices to agree to grant a writ of certiorari (case review).

• Writ of Certiorari: An order by the Supreme Court to review a lower court’s decision.

• Ripeness Doctrine: A legal principle that courts should not hear cases that have not yet developed into actual disputes.

• Mootness Doctrine: The principle that a case is no longer relevant if the issue at hand has been resolved or circumstances have changed.

• Political Question Doctrine: The principle that courts should not adjudicate issues that are more appropriately addressed by the legislative or executive branches.

• Solicitor General: The person responsible for representing the United States in cases before the Supreme Court.

Types of Supreme Court Opinions

• Majority Opinion: An opinion that represents the decision of the majority of the justices.

• Concurring Opinion: An opinion that agrees with the majority’s decision but for different reasons.

• Plurality Opinion: An opinion that has the most support but not a majority.

• Dissenting Opinion: An opinion written by justices who disagree with the majority’s decision.

State Politics and Governance

• State Political Culture:

  • Moralistic: Emphasizes the role of government in promoting the common good.

  • Individualistic: Focuses on personal achievement and limited government intervention.

  • Traditionalistic: Views government as a means to maintain social order and the status quo.

• Amendatory Veto: A governor’s power to propose changes to a bill passed by the legislature.

• Reduction Veto: A governor’s power to reduce specific items in a budget bill without vetoing the entire bill.

• State Legislative Professionalism:

  • Professional: Legislators work full-time and are well-compensated.

  • Citizen: Legislators serve part-time with minimal compensation.

  • Hybrid: A mixture of professional and citizen legislatures.

• Dillon’s Rule: A legal principle that local governments only have powers explicitly granted to them by the state.

• Special Districts: Local government entities created for specific purposes, such as school districts or water management districts.

Bureaucracy and Public Administration

• Bureaucracy (definition): The system of government agencies and departments responsible for implementing policies.

• Public Administration: The implementation and management of government policies and services.

• Bureaucratic Models:

  • Weberian: A bureaucratic model focusing on a hierarchical structure, clear rules, and merit-based promotion.

  • Acquisitive: A model emphasizing the expansion of bureaucratic agencies' size and power.

  • Monopolistic: A model where a single agency or organization dominates a field of service.

• Bureaucratic Agency Categories:

  • Cabinet: Major agencies with broad responsibilities.

  • Regulatory: Agencies tasked with regulating specific industries.

  • Independent Executive: Agencies that are independent but work under executive oversight.

  • Government Corporations: Agencies that operate like businesses (e.g., USPS).

• Red Tape: Bureaucratic inefficiencies and excessive regulation that delay decision-making.

• Notice-and-Comment Rulemaking: A process where agencies publish proposed rules for public feedback before finalizing them.

• Negotiated Rulemaking: A process where agencies work with affected parties to create rules collaboratively.

• Types of Privatization:

  • Divestiture: The sale or transfer of public services or assets to the private sector.

  • Contracting: Outsourcing government functions to private companies.

  • Third-Party Financing: Private sector funding for public projects.

• Whistleblowing: Reporting of illegal or unethical activities within a government or organization.