EXP FLASHCARDS
American National Congress
The Constitution created a bicameral legislature
Members of Congress are elected by their constituents
Constituents are residents in the area from which an official is elected
Incumbents are candidates currently holding a seat and running for reelection
Role of Congress
Create and pass laws
Approve presidential appointments and treaties
Conduct oversight
Represent constituents
Congress being divided into a bicameral legislature was intended to serve different constituency
Members of the Senate
Originally appointed by state legislature (100 members)
6-year terms
Meant to represent the states
Act more like trustees
Members of the House
Elected from districts apportioned according to population (435 members)
2-year terms)
Meant to represent the people
Act more like delegates
Other Congressional Powers
Special Senate Powers
For treaties, 2/3 of senators present must consent
For appointments, a simple majority is required
Case Act
Impeachment — formally charging a federal official with “Treason, Bribery or other high Crimes and Misdemeanors”
Representing the American People
Descriptive representation
Representatives have the same racial, gender, age, social class, ethnic, religious, or educational backgrounds as their constituents
Substantive Representation
Representatives are held accountable to those they represent and work to serve their constituents’ interests even if their own interests differ from the backgrounds of those they represent
Elections
Three factors in understanding who serves as a member of Congress:
Who runs for Congress
Traditionally, selected by local party
Today, few party organizations have the power to slate candidates
Incumbency advantage
Congressional district lines
Allocating Seats in Congress
Apportionment is the distribution of seats among the 50 states
It’s a zero-sum process: for one state to gain a seat, another must lose one
Redistricting is controlled by the legislature and is a highly political process to create an advantage
The manipulation of electoral districts to serve the interests of a particular group is known as gerrymandering
Building Blocks of Congress
Each of these factors plays a key role in the organization of Congress and the ease of difficulty in the process of formulating and eneacting laws:
Political Parties
Committee System
Congressional Staff
Caucuses
parliamentary rules of the House and Senate
Party Leadership
Speaker of the House of Representatives oversees the House
Majority Leader oversees the Senate
Control committee assignments, parliamentary rules, and the legislative agenda
Also the fundraisers for the party
Minority leaders work to gain back power to their party
Whips build support and count voters to determine how members of the party will vote on legislation
Committees
Standing Committees
Covers a particular subject matter
Have the power to propose and write legislation
Select Committees
Take up issues that fall outside of the jurisdiction of existing committees
Joint Committees
Hold hearings on economic and financial issues
Conference Committees
Reconcile differences in legislation passed by the House and the Senate
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Rules of Lawmaking
Bills are proposed laws that are sponsored by a member of Congress and has been submitted to the clerk of the House or Senate
To become a law
Passed by majority vote in both houses
Signed by the president
Bills vs. Resolutions
Bill
Used for most legislation
Presented to the President for action after approval from Congress
Resolutions
Simple Resolutions
Used to agree to rules for the chamber or share opinions
Only impact the chamber where they are introduced and passed
Not presented to the president for action
Concurrent Resolutions
Similar to simple resolutions but are considered and agreed to by both chambers
Joint Resolutions
Usually address a single issue, such as declaring war
Sometimes used to propose amendments to the Constitution
Same procedure as a bill (unless it’s proposing an amendment)
Sent to the Administrator of General Services to send to individual states
Regular Order
Introducing
Bill is brought to the chamber to be sponsored
First reading
Bill is brought to a committee
Rules are set: House through the Rules Committee and the Senate through open debate
Committee Action and Markup
Agreements on changes to the bill are made
Floor Debate and Vote
Bill Referral and Conference Committee
Rules Committee
Advances the majority party’s legislative agenda
Open rules
Allows any member to offer an amendment
Modified Open Rules
Allow only amendments that have been preprinted in the Congressional Record
Structured Rules
Limited amendments offered to a special rule
Closed Rules
Prohibit any amendments other than those recommended by the committee reporting out the bill
The Floor
Filibuster is a tactic to prevent action on legislation they oppose
Cloture is used to end debate when 3/5 (or 60) of senators agree to impose a time limit
Roll-call votes are when individual votes are recorded
Presidential Action
Veto
Constitutional power to reject a bill that has passed both houses
Pocket veto
A presidential veto that is automatically triggered
Unorthodox Lawmaking
Elements of follow-the-leader lawmaking:
Increasing the use of “gag” or closed rules
Multiple referral
Ping-ponging
Omnibus budget bill
Influencing Factors
Constituency
Concerns about future election
Interest Groups
Mobilization power
Party
The Presidency
Established by Article II
Vesting clause
Types of Constitutional Powers
Expressed
Specifically established by the Constitution
Delegated
Powers assigned to the executive branch from another branch
Implied
Powers derived from the necessary and proper clause from Art. I, Sect. 8
Inherent
Powers claimed by the president that are not expressed but “stem from the rights, duties, and obligations of the presidency”
Expressed Powers
Military
Commander in Chief, Head of Intelligence network and deploy troops in a national emergency
Judicial
Nominate federal judges and grant pardons, reprieves, and amnesty
Diplomatic
Act as head of state, make treaties, and recognize other nations
Legislative
Veto bills passed by Congress and address the Congress annually
Executive
Act as head of government, see all laws are faithfully executed, and nominate heads of agencies and offices
Growth of Presidential Power
Presidents can expand their power in 2 primary ways
“Going Public”
Popular mobilization power becomes a favored weapon
Emphasize strengths and maximize popular appeal
Administrative Strategy - Reduce dependence on Congress
Enhanced the reach and power of the EOP
Increased White House control over federal bureaucracy
Expanded the role of executive orders
Restraints on the President
Impeachment Power
Confirmation Power
Congress approves the budget
Congress can override presidential vetoes
Congress can investigate the action of the president
Public Opinion
U.S. Court System
Jurisdiction
Sphere of the court’s power and authority
The Legal System
Criminal Law
Regulates the conduct of individuals, defines crimes, and specifies punishments for criminal acts
Government is always the plaintiff
It involves matters ranging from traffic offenses to murder
Defendants may be fined or sent to jail, or both
Civil Law
Is the branch of law that deals with disputes that do not involve criminal penalties
Courts
District Court and Trial Court
First to hear a case
Based on jurisdiction
If not resolved, will go to Appellate Court
Appellate Court
Court of appeals
Most settled through plea bargains
If not resolved, will go to Supreme Court
Supreme Court
Court of last resort
Original and Appellate jurisdiction
Limitations on Federal Courts
Cannot exercise power on their own initiative
Traditionally limited in the kind of remedies
Lacked enforcement powers/Rely on executive or state agencies to ensure compliance
Congress and the President have the power to shape the composition of the court
Power of the Supreme Court
Utilizes the power of judicial review
Power of judiciary to examine actions undertaken by the legislative and executive branches, and if necessary, ivalidate them if it finds them unconstitutional
Marbury v. Madison (1803)
Supported by the supremacy clause in Art. VI and the Judiciary Act of 1789
Court Expansion
The role of the federal judiciary was strengthened due to 2 judicial revolutions
Substantive innovations in judicial policy
Liberalized the concept of standing
Changes in Judicial procedures
Broadened the cope of remedies
Structural remedies
Paved the way for unprecedented expansion of national judicial power
Accessing the Court
Most cases will be brought through a writ of certiorari
writ of certiorari
An order to a lower court to deliver the records of a particular case to be reviewed for legal errors
The SC selects cases with the rule of four
If a case if selected, it meets the following requirements
Cases and controversies
Standing
Mootness/Ripeness
Political questions
Supreme Court Process
Briefs
Both sides present their arguments with precedents/evidence
Oral argument
Present their position and answer justices’ questions
Conference
The justices discuss privately with the Chief Justice starting them by seniority
Opinion Writing
Both the majority and minority will select the most senior member to write the opinion