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EXAM 3
government
| Question | Answer |
|---|---|
| US CONGRESS job | to create Laws |
| bicameral legislature info | house - 435 members requirements 25 y/o, 7 years citizen, live in state Senate - 100 members requirements 30y/o, 9 years citizen, live in state |
| difference between house and senate | house = lower chamber with 2 year term with 435 members (set by law) Senate = upper chamber with 6 year term with 100 seats (set my constitution) |
| salary and benefits | $174,000 annual Reimbursements for food travel and lodging Pensions (retirement account) need 5 years of service and get about 40-45k a year |
| Allowances | |
| Congressional powers | enumerates in art 1 sec 8 they can raise, make, borrow and spend money |
| Learning resources v trump | trumps tariffs... does trump admin have ability to do all these tariffs the IEEPA said its unconstitutional |
| other congressional powers | regulate commerce (within and out of the country) unify the country (post offices immigration, public land control) protect homeland (raise military and declare war) regulate the judiciary (create lower courts "inferior courts") |
| Impeachment | house impeachment - treason bribery or misdemeanor Senate Trial - criminal trial, chief justice as presiding judge, Senate members serve ad jury |
| impeachment numbers | 3 almost 4 presidents, 15 judges, 1 senator, 2 cabinet secretaries 8 judges were actually removes and 0 presidents removed |
| Congressional leadership types | constitutionally mandated and minority/majority party leaders |
| constitutionally mandated leadership | speaker of house - chosen by 435 house members, party with greatest # basically selects them President of Senate (the VP of US) Presidents Por Tempor - elected by senators, longest serving member of top party in senate |
| Constitutionally mandated leadership responsibilities | SOH - front of room, calls people to speak, seen as leader POS - basically never there PPT person as POS when absent, so basically always |
| Minority and majority party leadership | one majority and one minority leader for each party same for senate |
| Minority and majority party leadership responsibilities | LOTS OF INFLUENCE - agenda setting - committed membership - selects whose on which committee - the whip function - gets people in line with their party |
| Costitunional people | SOH: Mike Johnson (r) POS : JD Vance (r) PPT: chick grassley (r) |
| Minority and majority people | House majority leader: Steve Scalise (r) House Minority Leader: Hakeem Jeffries (d) Senate Majority leader: John Thurse (r) Senate minority leader: Chich Schumer (d) |
| steps in how Bill becomes a law | intro - committee - house and senate floor - reconciliation |
| BILL - LAW Committees | decides if Bill is a good idea or not by "experts" - party leader decides members of committees - committe has Proportional amount of each party members to senate |
| Committee leadersip | majority party has the CHAIR (chose by party leader) and minority party has ranking member (still has authority) chair is VERY important bc they device the bill bill must have hearing to become law or they can decide not do nothing (bill is dead) |
| Markup of committee | process of editing the bill done by committee and first round of voted is cased my committe then sent to the ruled commite then to calander committee |
| open v closed rules | open = more time for consideration and yes to amending closed = strict time/ less time and no amending |
| HOUSE FLOOR | suspension of the rules committee of the whole germaneness standard |
| 4 methods of house floor | 1)unanimous consent (no debate, no amend, votes =100%) 2) suspend rules (40 min debate, no amend, 2/3 votes) 3) special rules (does what rules committee says, simple maj) 4) committee of the rules (unl debate and amend, simple maj) |
| committee of the whole deals with | typically revenue bills and all members can speak |
| germaneness rules | when bill is amended in the HOUSE whatever they change needs to be "germane" (closely related to) the bill |
| SENATE FLOOR | goes through same committees as house but NOT the rules |
| 3 votes for Senate floor | 1) address bill - gets rid of calendar and everyone has to agree to talk about it 2) cloture vote: vote to end debate (100/100 senators) 3) the actual vote for the bill (simple majority) |
| process for reconciliation | House - house committee* - house floor* = HOUSE VERSION OF BILL Senate referral - Senate committee* - seated floor = SENATE VERSION OF BILL both versions need to be the same |
| Reconciliation | "shuttling" the bill from Chambers to agree on same version of bill Conference committee (more formal) take people from house and senate to create comittee then send bill to pres. |
| What happens when bill is sent to president | if accepts then BILL=LAW if rejects (veto) then... bill doesn't = law and letter sent to congress... they can override the veto and Chambers need 3/3 votes to have BILL=LAW |
| THE FEDERAL COURTS | has 3 main terms common law v statutory law og v appellate jurisdiction Fes v state jurisdiction |
| Common law v Statutory law | common: gives judges the opportunity to interpret law, can decide if the speeding was really "speeding" statutory: LAW=LAW |
| OG v Appellate jurisdiction | OG is the first court that deals with the lawsuit Appellate is after the appeal then its the court that deals with it from then on every court has different jurisdiction |
| Federal v State jurisdiction | ex: plain murder = state but.. if you cross border with the dead body then its federal suing someone in another state is federal |
| the 3 levels of courts | district circuit supreme court |
| District Court | 94 courts each state has at least 1 and at most 4 after the trial the district court... 1- determination of facts 2- interpretation/apication of law - is the "emergency" enought to bypass the speeding this is all done by one judge or a jury |
| Circuit court | 13 circuit court, built from groups of district courts ONLY appellate jurisdiction and ONLY reviews the interpretation of the law ex: judge sides w. you on speeding (b/c emergency) court now cant use evidence 3 Judge panel and 2/3 need agree |
| Supreme Court | similar to circuit court but they can use some OG there are: 9 judges; 1 chief justice, 8 associate judges discetionary docket: all the cases they hear is the docket and the US SC doesn't have to hear all the cases (discression) |
| SC - writ of certiorari | either grant or deny the certiorari; so if deny then circuit gets final say RULE OF 4: justices meet and cast vote to decide which to take to court (need 4/9 judges to agree) |
| Judge Selection | ALL fed judges are nominated by Pre and confirmed by senate one appointed and confirmed you get your spot or life NO QUALIFICATIONS |
| two types of Judicial Review | a priori - abstract a posterori - concrete |
| Marbury V Madison | Mar sues Mad and Mar asks SC to us the writ of mandamus to made Madison deliver documents so he can get his job SC sides with both saying yes mar was appointed but they cant make Mad deliver paper |
| 4 steps in judiciary process | preparation argument day conference opinion writing |
| two types of preparation | legal briefs amicus curiae briefs- outsider briefs |
| Argument day (court date) | dobs v jackson dobs is the petitioner and goes first bc they lost at court 5 Jackson is the respondent who speaks seconds be they won |
| conference | judges meet In secret room and one at a time they speak their opinion on the topic. they then argue then they vote |
| opinion writing | 1- majority - majority opinion 2- decent - minority opinion 3- concurring - other writings from non selected judges |
Created by:
JillianGrace