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Government Ch 3 - 6
Ch 3: Congress Ch 4: The Presidency Ch 5: Bureaucracy Ch 6: Judicial Branch
| Question | Answer |
|---|---|
| Congress | - Making laws - Longest and most descriptive part in the US Constitution |
| Bicameralism | The practice of having 2 legislative chambers |
| Our Bicameral System and Requirements | House of Representatives and Senate - Need to pass identical bills - Propose items of legislation |
| Quorum (Cur-rum) | The majority of legislators are present for Congress (Needed for any work to be done) - Senate: Needs 51 members - House: Needs 218 members |
| Role of Congress | - Represent the views of the people - Be of service to people in dealings with the National Government - Oversight the Executive branch - Provide resolution to social conflicts by passing laws - Provide public education, programs, and set policy |
| Constituents | The People |
| Why is Progress Difficult for Congress? | - Congress Structure - Politics and Political Parties |
| Congress Structure | - 2 chambers to agree on anything. - Need 2/3 votes |
| Politics and Political Parties | 2 houses with different political parties won’t agree often since they have different ideologies. However, it’s good because they are forced to make a consensus to ensure both voices are heard. |
| Political Conflict and Disloyalty | Congress and the President don’t challenge each other unless they are different parties. |
| People | Need to Know | US Senator: John Cornyn Pro-Tempore: Patty Murray Speaker of the House: Patrick McHenry Vice President: Kamala Harris Majority Leader: Chuck Schumer Chief Justice: John Roberts |
| Requirements to Serve in the House | - At least 25yrs old - Citizen for at least 7yrs - Elected every 2yrs - Always 435 voting members (6 Non-voting members since they're territories, not states) |
| US Territories | - Puerto Rico - Guam - U.S. Virgin Island - Washington D.C. - American Samoa - Northern Mariana Island |
| Requirements to Serve in the Senate | - At least 30yrs old - Citizen for at least 9yrs - Elected every 6yrs (1/3 Senators are elected every 2 years) - 100 Members (2 Per State) |
| Specific Powers: House | - All revenue bills must originate here - Impeach Civil Officials - Elect the President IF no majority is won in the Electoral College. If a tie, they will keep going until someone is elected president. |
| Electing the President: Fun facts! | - 3 times when the House has elected the President - Thomas Jefferson 38 rounds of voting |
| Specific Powers: Senate | - Trial all impeachments (2/3 votes to convict) - Approve Treaties (2/3 votes to approve. Except Peace Treaties: Simple Majority) - Approve Nominations - Executive Session: Calendar of Business: used to manage nominations and treaties |
| Leadership: House | Speaker of the House - The most important leadership position within the House - Elected by all members of the House - Doesn’t have to be someone in the house. Can be me or an animal - Deal House Matters |
| Leadership: Senate | Vice President - President of the Senate |
| Speaker of the House Powers | - Scheduling Legislation - Acknowledging who speaks first on the floor - Control the discussion - Appointing members to committees - 2nd in line of Succession to the Presidency (After VP) |
| Vice President Powers | - Voting IF there is a tie - Leading the receiving and courting electoral ballots - Advisor to the president |
| President Pro-Tempore | Leader of the Senate in the absence of the Vice President - 3rd in line of succession to the Presidency - Oldest Member (mostly to be picked) - No powers |
| Majority and Minority Leaders | - Majority Leader: Official leader of the majority party - Minority Leader: Leader of the opposition party |
| House Majority Leader Powers | - Manages policy agenda of the majority party - Assumes speakership when the Speaker of the House isn’t present - Represents party on the floor |
| Senate Majority Leader Powers | - Right of the 1st Recognition - Precedent - Filing Amendment Tree |
| Right of the 1st Recognition | Always be recognized to speak first when 2 senators request to speak on the floor at the same |
| Precedent | Existing interpretation of a procedural rule in the Senate that is used as a guide to something that is similar. |
| Filing Amendment Tree | Practice of offering 3 amendments 1 after the other without considering them. |
| Majority and Minority Whips | - 3rd Power of the House - Assists in managing their party’s legislative program. - Responsible for counting votes within the party’s conference. |
| Special Lawmaking Procedures: Senate | - Cloture - Filibuster - Nuclear Option |
| Cloture | A motion made in 1917 that limits debate on a bill to 30hrs if passed with 60 votes. |
| Filibuster | A dilatory tactic to obstruct or delay the Senate from considering legislation. |
| Nuclear Option | Precedent that a debate over a nominee can be restricted to 30hrs by a majority vote, instead of 60 to invoke cloture. (More Modern) |
| All legislation is subject to holds and filibusters except for the | Budget Reconciliation Act |
| Budget Reconciliation Act | A bill that states discussion must be related to tax policies and cannot be filibustered; however, the bill can only occur if the congressional budget resolution has passed. |
| Committees | An Internal Organization - Cycle of Action - Gatekeeping |
| Cycle of Action | - Informational Hearings are held (Bringing experts to give advice or more understanding of the subject) - Mark-up Hearings: Members submit amendments to improve legislation - Voting for Passage: Members vote to move the bill or resolution to the floor |
| Gatekeeping | Power of a Committee to stop consideration of a bill by not giving the bill a hearing or not reporting the bill to the floor |
| Types of Committees | - Standing Committees - Joint Committees - Special/Select Committees |
| Standing Committees | Permanent committees that have consistent policy jurisdiction. - The 1st call for proposed bills - From Majority: 11 - From Minority: 9 |
| Joint Committees | Composed of members from both chambers - Explores a few key issues: Economy or Taxation - Only Informational |
| Special/Select Committees | Temporary committees set up to address specific topics. - Often conduct special investigations. |
| House Rules Committee | - Doesn’t produce legislation - Only exists in the House. - They have 2 special rules: - Modified-Open Rule - Closed Rule |
| Modified-Open Rule | Allows specific amendments to be considered |
| Closed Rule | Restricts representatives from offering any amendments to the bill being considered. - From Majority: 13 - From Minority: 7 |
| Resolving Differences | - Conference Committee - Ping Pong |
| Conference Committee | Meeting with both chambers to reconcile differences between the language of a bill passed by the House and Senate. |
| Ping Pong | Shuttling the bill back and forth between the 2 chambers |
| Lawmaking Process | 1. Must be Included in the Budget 2. Authorize Funes 3. Appropriations |
| Must be Included in the Budget | Budget Resolution: A resolution passed by both chambers to guide budget decisions for authorizations and appropriations. |
| Authorize Funes | - Use budget in order to keep it - Authorize - Paygo |
| Authorize | A legislation that proposes to create or amend federal statutes. |
| Paygo | Requires any new proposed legislation to be paid for by cutting funding from another program, shifting funds within an agency, or raising revenue. |
| Appropriations | A legislation that approves federal spending for the next fiscal year. - Needs to make 12 funding bills to make the government continue. If not, they get shut down - Omnibus |
| Omnibus | Allows Congress to pass multiple pieces of legislation into one big legislation. It consolidates 13 Appropriation Bills into 1 Appropriation Bill. |
| While Making the Constitution, they had difficulty making the President’s… | - Terms - Election - Structure Less Power than a King but more power than a governor. |
| The Executive Branch Beginnings | - Create 1 chamber - Elected by the Electoral College - Only the president appeared on all ballots nationwide - Structured to have the checks and balances philosophy - All powers and duties are vague and brief |
| Why it’s brief? | - Structure: Since they had nothing to base it on anything so they kept it short. - They knew George Washington was doing it. (Respected) |
| Article 2 | Section 1: President Qualifications | - Must be 35yrs old by Inauguration Day (January 20) - 14yrs citizenship - Need to be born in the US (1952 and 1955 clarified it) - 1 Generational Transfer |
| Article 2 | Section 2: Presidential Powers | -Serves as Administrative Head of the Nation - Provide info in the State of the Union - Commander in Chief - Veto Legislation - Appoint various officials - Grant pardons - Make Treaties (2/3 approval of Senate) |
| Veto Threat | Just threatening a Veto |
| Pardon | The executive power to end a sentence for a criminal - Federal Crimes only - Single Unchecked Power |
| State of the Union Address | 2/3 of glorifying themself (President) and 1/3 of telling Congress what they should do |
| President is trusted to... | Implement a strategy keep the public safe within the boundaries that Congress allows |
| Expanded President Powers | - Signing Statement - Executive Order - Executive Agreement |
| Signing Statement | A letter by the president after they sign a bill into law that clarifies how they want the bureaucracy to interpret the new law |
| Executive Order | Instruct federal agencies on how to enforce laws |
| Executive Agreement | Sign an agreement with a nation to provide foreign assistance - International agreements, not ratified by a legislature as a treaty must be, since approval treaty process is hard to ratify. Presidents prefer this. |
| Unilateral action | Action taken by one group without the agreement or consideration of the others |
| Limited Presidential Power | Limited under the Constitution by - Congress: Through appropriations, lawmaking, oversight, and impeachment - The Judiciary: Judicial Review: To declare presidential acts unconstitutional - Cannot initiate wars or policy |
| Term Limits | - President GW set the norm at 2 terms - Former President can run for office again, but they would need to leave the white house for at least 1 term - Restricted to 2 terms 8/10yrs in total (Vice president since 2yrs) |
| 22nd Amendment | - Ensured that any president can only run for reelection once - 1951 |
| Lame Duck | Occurs in 2 stages - Persuasion diminishes during year 7 and 8 - When the successor is known |
| Line of Succession if the Presidency is Vacant | 1. Vice President (P nominates VP, then Congress approves) 2. Speaker of the House (Won’t be VP since no power but SOH has a lot of power.) 3. President Pro-Tempore of the Senate 4. Secretary of State 5. Secretary of Treasury 6. Secretary of Defense |
| One Event where they are all together | State of Union Address - Expect Secretary of Housing and Urban Development |
| Designated Survivor | Secretary of Housing and Urban Development |
| Winning the Election | Competition and When do we count ballots? | 2 Stage Competition occurring in all 50 states to select 1 winner 1. Counting all ballots in a state on the 1st Tuesday of November 2. Safe Harbor |
| Safe Harbor | Deadline where the state’s election results must be certified so that electors in the state's electoral college meeting can cast their votes. |
| Counting EC Votes | - Electoral College Strategy - Receive a majority votes from the Electoral College 270/538 - Electors meet in each state in December at the state capitol to cast votes for President - Popularity vote to EC (40) - Need to vote according to the people |
| Electoral College Strategy | A campaign strategy to give the candidate the best opportunity to win enough votes in the Electoral College |
| Electoral College Votes | 538 Votes - 435 from the House - 100 from the Senate - 3 from Washington D.C. (Not other territories) - People have to win 270 EC votes to become president |
| Winner-Take-All Rule | - 48 States use winner-take-all rule - Except Maine and Nebraska - They distribute their votes based on who won congressional districts - Candidate has to talk to everyone in organizations |
| Battleground States (BS) | A state that is electorally competitive during the Presidential Election - Ex: Florida, Ohio, Illinois |
| Swing States (SS) | A state that has voted for either the two parties in the past 5 elections. - Ex: Georgie, Nevahda, Arizona - Swing then also Battleground - People try to convince the swing states to win |
| Is the Electoral College a true representation of the People? | Some reasons it doesn't | Popular vote Person has lost 4 times Each state gets a min. of 3 EC votes so small states receive greater representation Winner-Take-All Rule makes safe states less appealing, favors SS & BS to candidates. EC don't always produce a winner (1824) |
| Bully Pulpit | The Presidency is an office well suited to communicating with the public in order to advocate legislation. - Ex: Newspapers, Radio, Movie Previews, Television, Internet, Social Media |
| Bureaucracy | A structure of rules that organizes people - Characterized by rule following, hierarchy, and relationships |
| Spoils Systems | The practice of rewarding political supporters with public office - Nepotism - Only loyal to the people who voted for them, not to everyone |
| Pendleton Act | A civil service reform that required merit-based hiring and firing for public office positions (You can't be hired or fired for stupid reasons, has to be from actions) |
| Neutral Competence | The belief that bureaucrats should be hired for being qualified, not their personal beliefs. |
| 4 Types Of Bureaucracy | - Executive Departments - Independent Agencies - Regulatory Agencies - Government Corporations |
| Executive Departments | - President’s cabinet - Appointed by the president to lead each department |
| Independent Agencies | Are congressionally established and independent of executive departments - Narrow policy focus - Ex: CIA, FBI, NASA |
| Regulatory Agencies | Regulate business, industry, and other economic sectors. (38 Agencies) - President nominates the commissioners and is approved by Congress but cannot be fired by the president. - Makes them very powerful - Ex: FDA, FCC, FTC, FAA |
| Government Corporations | Companies created by Congress to provide public goods that cannot be profited by private companies - Ex: Postal Service, AmeriCorps (Disaster Relief, Health Care, etc typically low-income families), Peace Corps (Same thing but international level) |
| Role of Bureaucracy | Rule Making - Fill in the Gaps: Bureaucratic experts read between the lines and write details for policy implementation |
| Street-level Bureaucrats | - Low-level employees who work on the frontlines and are the 1st to face the public - Ex: Mailman, Teachers, Cops - Bureaucratic Discretion -Implicit Bias |
| Bureaucratic Discretion | Authority exercised by members of Bureaucracy to carry out policy, they decide how law will be implemented. - Ex: Cops can give you a ticket or not even though you broke the law |
| Implicit Bias | Unconscious attitudes and beliefs |
| Representative Bureaucracy | A civil service that reflects the population it serves - Active Representation: The assumption that a race/gender-minority bureaucrat will act on behalf of the group they represent - Passive Representation: A bureaucrat’s demographic trait (Workforce) |
| Bureaucratic Characteristics | - Culture - Capture - Oversight |
| Culture | Organizations carry out tasks based on their values and procedures to help their ability to maintain and increase their power. - Ex: A cop behind you, you automatically slow down |
| Capture | Regulatory agencies becoming influenced by the industries they oversee, leading to potential advantages. - More competent regulators - Better communication between stakeholders and policymaking - Better candidates |
| Oversight | Bureaucrats avoid risk, as it may threaten their power - Congressional Oversight - Police Patrol Oversight - Whistleblower - Sunshine Laws |
| Congressional Oversight | A system used to monitor agency rulemaking, enforcement, and policy implementation (Passive Oversight) |
| Police Patrol Oversight | Active direct, and centralized congressional oversight of bureaucratic agencies (Aggressive Oversight) |
| Whistleblower | Individuals who publicize corruption or other wrongdoing in a bureaucracy |
| Sunshine Laws | - Opens the policymaking process to the public by making public documents accessible - Freedom of Information Act 1966 - Privacy Act 1974 |
| Freedom of Information Act | - Allows citizens to obtain copies of most public government records - 1966 |
| Privacy Act | - Allows citizens access to private government files - 1974 |
| Iron Triangle | The mutually beneficial and special relationship between Congress, Interest groups, (mothers, school clubs) and the Bureaucracy |
| Iron Triangle: Congress | - Funds & politically supports Bureaucracy - Friendly legislation & oversight for Interest Groups |
| Iron Triangle: Interest Group | - Electoral Support for Congress - Congressional Support via lobby for Bureaucracy |
| Iron Triangle: Bureaucracy | - Low regulation & special favors for Interest Groups - Policy Choices & Execution for Congress |
| Article 3 | Section 1: Judges/Court System | - Congress control over the court system - Vesting Judicial Power (Their power is in Judicial Review) - Judicial Review - Good Behavior - Judicial Independence |
| Judicial Review | Determine whether the 2 branches are following the constitution |
| Judicial Independence | Judges aren't subject to pressure or influence and are free to make impartial decisions based on fact and law. |
| Article 3 | Section 2: Jurisdiction | 1. Original Jurisdiction: A case can be brought to court for the 1st time 2. Appellate Jurisdiction: Review decisions made by lower courts |
| Article 3 | Section 3: Treason | - Defines Treason - How you can be convicted of treason - Corruption of Blood - Forfeiture except during the life of the person attained |
| Treason | Physical or violent acts against the government - Going against the country - Levying war against US - Giving US enemies aid & comfort or adhering to them |
| How you can be convicted of treason | Congress has the ability to declare someone convicted and the punishment of treason - Need a testimony of 2 witnesses or a confession in court |
| Corruption of Blood | The Congress can’t punish your family members unless they also did treason. |
| Creating the Courts | Judiciary Act 1869: Established the current structure of the courts 1. Supreme Court 2. US Court of Appeals 3. US District Courts |
| Supreme Court | 9 Justices - Associate Justices: 8 - Chief Justices: 1 |
| US Court of Appeals | - 13 Circuit Courts - Appellate Jurisdiction - Mandatory Jurisdiction (Any case that comes, they MUST hear.) |
| US District Courts | - Each state has at least 1 - 94 District Courts Total - Primary Entry Point for Litigants (Start here) - Original Jurisdiction |
| Limits on Judicial Power | - Structural Limits - Self Imposed Limits: Discretionary Docket: Pick and choose which cases to hear - Legal Standing (How many cases they want) - Lujan Test |
| Lujan Test | 1. Suffered an “Injury In Fact” 2. Traceable 3. Redressability |
| 1. Suffered an “Injury In Fact” | Concrete (Have to show concrete evidence that you suffered an “injury” (A right violated) - Actual or imminent (Prove an injury has happened. Past, present, or future) - Particularized (That it affects you in some way) |
| 2. Traceable | How it’s traceable to the US government and how they wronged you |
| 3. Redressability | How US can help solve this issue and from it occurring again. If court can't solve the issue, then they won't hear the case. |
| Types of Opinions | - Supreme Court/Majority Opinion - Concurring Opinion - Dissenting Opinion |
| Supreme Court (Majority) Opinion | A court opinion reflecting the views of the majority of the judges |
| Concurring Opinion | Agree with the opinion but different lines of reason |
| Dissenting Opinion | Disagree with the court’s opinion and has to prove they are wrong. (And prove it by the constitution, pass legal courts, legal precedents, and US laws) |
| Lame Duck Period | A defeated president or member of Congress would continue to serve in office after his failed bid for reelection. |
| Good Behavior | - Judges serve for life - Once that pay scale is set, it can’t go lower, only higher) - Removing a judge requires impeachment and conviction for a high crime or misdemeanor |
| Forfeiture except during the life of the person attained | Everything the person owns belongs to the government then returns it to your kin after you die. |
| House Most Important Power | Electing the President with Electoral College |
| Litigants | A person involved in a lawsuit |
Created by:
Whateverisfree
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