Exam #3 Study Guide
Exam #3 Study Guide 9081 - Introduction to American National Government
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This 15 page Study Guide was uploaded by Savanah DeBrosse on Thursday February 12, 2015. The Study Guide belongs to 9081 - Introduction to American National Government at University of Miami taught by Sylvia Thompson in Fall2014. Since its upload, it has received 194 views.
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Date Created: 02/12/15
POL 201 Final 12122014 The Legislative Branch 0 Currently on the 113th congress Makes laws 0 2 chambers house and senate o All revenue bills start in the house 0 House votes to impeach government of cials 0 Senate approves all presidential nominations for high ranking executive committees 0 Senate approves treaties with other countries Leadership US House of Representatives 435 members 0 Speaker of the house John Boehner R 0 When a new congress begins the democratic and republican house members each nominate a speaker majority party s nominee becomes the speaker o Assigns committees Minority leader 0 Chosen by party 0 Assigns committees o Majority leader Harry Reid D o Chosen by party o Assigns committees Minority whip o Chosen by party 0 Person who whips the party into shape for the leader and makes the party members do what the leader wants Majority whip o Chosen by party US Senate 100 members Vice President of the US is the presiding of cer joe Biden D 0 Can only vote to break ties President pro tempore 0 Temporary president in case the VP is not there Majority leader Minority leader Majority whip Minority whip Elections The rst Tuesday after the rst Monday of every even numbered year state governments hold elections for national government positions House terms are 2 years so every midterm election all 435 house seats are up for election Senate terms are 3 years so every midterm election 13 of senate seats are up for election US House Number of people in the house was originally based on the populations of each state per a census every 10 years In 1910 the number was capped at 435 people House members are directly elected by voters in their congressional districts To run you must be 35 have been a citizen of the US for 7 years and inhabit the state you run from US Senate 100 people 2 senators per state Per article 1 of the constitution state legislators chose 2 senators 17th amendment changed this gt now senators are directly elected To run you must be 30 have been a citizen of the US for 9 years and inhabit the state you run from Committees The house and senate have standing committees Majority party members chair all committees and subcommittees majority of members of all standing committees and standind subcommittees are from the majority party Party leaders and speaker of the house assign committees Committees read bulls introduced and determine whether the full chamber will get to vote on and debate a bill or not House Ethics Committee has an equal number of Republicans and Democrats Select committee a temporary special committee to investigate something that has happened in the government or in society gt produce a report for the senate How a Bill Becomes Law Proposals Individuals contact house and senate with ideas for bills 0 Interest groups write bills to introduce to the house and senate O O O 0 Interest groups try to in uence the government to do that they want Interest groups hire lobbyists Ex AARP American Association for Retired People Ex NAACP National Association for the Advancement of Colored People If a house member introduces a bill Must be written in bill form 0 House member who introduces that bill becomes its sponsor Bill is assigned a number 0 Bill is put into a box called the hopper considered introduced 0 Bill is referred to a house committee 0 Committee chair looks at bill can kill before sending it on to a subcommittee Bill is referred to a subcommittee O O Subcommittee has hearings on the bill interested parties pay attention Speakers come talk about the bill Subcommittee sends a report of the bill to the committee 0 During this process they are being lobbied Committee votes by majority rule to send the bill to the oor or rules action committee and then to the oor 0 On oor bill is debated gt Passed amended or defeated o If passed bill goes to senate If a senator introduces a bill Same process o If bill is passed it goes to the house If a bill passes the house and senate Conference action conference committee of members from both houses works out differences Compromise version of bill is send to each camber for nal approval o If approved president signs vetos or pocket vetos 0 Pocket veto leaving bill unsigned for 10 days not including Sunday 0 When a bill becomes law it goes into the US Code national laws and the executive branch carries it out The Executive Branch 0 27 million people working in the executive office of the President executive departments independent regulatory agencies government corporations quasigovernment corporations and government foundations o A law created each of the departments and can eliminate them The President To run for president 0 Must be a minimum of 35 0 Must be a US citizen at the time the constitution was rati ed or a natural born US citizen 0 Must have lived in the US at least 14 years President s appointments spoils system all with senates approval 0 Cabinet 15 secretaries of the executive departments 0 Department of agriculture Department of commerce Department of defense Department of education Department of energy Department of health and human services Department of homeland security Department of housing and urban development Department of the interior Department of justice Department of labor Department of state Department of transportation Department of the treasury Department of veterans affairs 0 1000 individuals in upper level executive jobs mostly in the executive office of the president 0 About 3000 individuals without senate approval Independent executive agencies 0 Outside of the 15 executive departments 0 President appoints director and assistant directors with senate s approval 0 Also thousands or hundreds of thousands of civil servants in each agency that the president cannot hire or re 0 Ex Central intelligence agency CIA Environmental protection agency EPA Independent regulatory commissions Get laws that regulate businessindustry 0 Panel of commissioners heads each commission 0 Politically insulated from the president president appoints commissioners with senates approval but cannot re them cannot replace a commissioner until their xed term ends 0 Ex consumer product safety commissions federal communications commission Government corporations quasigovernment corporations government founda ons Governmentowner or partially governmentowned businesses 0 Created to ll a public need that could not be met by privately owned companies 0 Board of directors appointed by the president with the senates approval president cannot re members 0 Ex Amtrak US Postal Service The War Powers Act of 1973 o A US congress join resolution providing that the president can send US armed forces into action abroad only under authorization of congress of if the US is already under attack of serious threat 0 Requires that the president notify congress within 48 hours of committing armed forces to military action Forbids armed forces from remaining for more than 60 days with a 30 day withdrawal period without authorization of the use of military force or a declaration of war Cold War US and Russia were 2 world superpowers Both had nuclear weapons US containment policy attempt to contain soviet power where it was so that they could not control more landgovernments Vietnam War US was worried that the Vietnamese government would fall to communist revolutionaries supported by the Chinese and the Soviets US tried to help the government in South Vietnam Eisenhower gave money from congress to the South Vietnamese government for weapons Kennedy sent in military advisors Johnson sent in American troops Nixon expanded air and ground power later pulled out troops War was never formally declared by congress a quotpresident s warquot Congress was unhappy about the way the war progressed without their control 0 Found out that presidents had lied to congress about the war 0 Johnson lied that he was not bombing Cambodia 1969 US did 3500 bombing raids over Cambodia This led to the War Powers Act in 1973 Carrying Out La W5 Rules and executive orders are the two primary methods used to mold the laws to be compatible with the president s views Executive Orders Usually written based on laws Written directive sent to the executive department independent executive agency or whatever the executive order is about Tells that part of the bureaucracy to take speci c action to carry out some law Based on Washington s interpretation of article ll quottake care that the laws be faithfully executedquot Printed in the Federal Register the minutes of the executive branch Rules Permanently printed in the Code of Federal Regulations used by future presidents and bureaucrats Future presidents can make a new EO to kill an old one Can be eliminated by congressional law if they can override the president s likely veto of this law or by judicial court rulings that it is incompatible with the law or a violation of the constitution Famous EO during WWII FDR issued EO 9066 which ordered military to round up Japanese and JapaneseAmericans in the US and put them in internment camps for the duration of the war Some laws give bureaucrats the guidelines to write and adopt rule to carry out each law Rule is a detailed requirement prohibition step procedure report form or something used to carry outimplement an existing law Some rules made at the time a law is passed some made later Proposed rules published in the Federal Register Final rules go into the Code of Federal Regulations Rules can be killed by new rules federal courts The Vice President In the constitution Role of the VP described in Article Section 3 o Says that the VP is the president of the senate but has no vote unless to break a tie Also in Article II section 1 o In case of the removal of the president or his death resignation or inability to discharge the power and duties of his office the VP becomes president Constitution told the senate to choose a President pro tempore to preside if the VP wasn t there In article I the VP is the runner up in the presidential race 0 12th Amendment said that president and VP run on a party ticket Roles of the VP After FDR died and Truman took over WWII with little information about the war presidents started including their VPs in important meetings about executive branch activities Modern presidents have used VPs to help them do their work gt VPs have become increasingly active and powerful President can t re the VP because he didn t hire him VP only removed if the house impeaches him and the senate convicts him 25th amendment and presidential succession act Constitution made no provisions for lling the VP role if it became vacant there have been periods without a VP Article II says that congress can make a law to explain who becomes President if there is no president and no VP Presidential Succession act says that speaker of the house becomes president if there is no president and no VP then president pro tempore then presidency goes through 15 executive department secretaries the cabinet Cold war fears gt 25th amendment if there is no VP the president can nominate a new one with the house and senate s majority approval Replacing a disabled president with the VP Dealt with in the 25th amendment Article II says that VP will take over if the president is incapable of carrying out his duties but doesn t explain what counts as a disability and who decides whether the president is disabled Makes it possible for the president to step aside temporarily due to disability 0 President writes a letter to the speaker of the house and the president pro tempore of the senate saying he s disabled 0 VP becomes acting president 0 President writes a letter to the speaker and president pro temp when he has recovered and becomes president again 0 Possibly the president does not know that he is disabled presidency can be taken away in 2 ways 0 VP and a majority of the cabinet or the VP and the majority OR quotanother bodyquot established by congress write a letter the speaker and the president pro temp saying that the president is disabled gt VP becomes acting president 0 Later president writes a letter saying he is no longer disabled gt he becomes president again 0 If the original group disagrees the president is still disabled congress has 21 days to decide who is right and the VP remains acting president Fundraising Companies and interest groups cannot donate directly to anyone running for office gt PACs collect money and give 5000 max to people running for political positions can do independent expenditures in advertising if they don t talk to the candidate about it 0 Super PAC only makes independent expenditures 0 Candidates running for federal office can use as much of their own money as they want to run for office 0 Individuals can contribute a max of 2600 to a person running for office during the primary election and another 2600 max in his general election 0 Individuals can make independent expenditures The judicial Branch 0 Interprets national laws and the constitution In the Constitution 0 There should be one supreme court and quotsuch inferior courts as the congress may from time to time ordain and establishquot Judges in the supreme court and lower federal courts are permanent and paid 0 Article II says that president nominates judges with advice and consent from the senate Article III explains the powers of the federal courts 0 Handle cases involving US laws 0 Take cases about the US constitution treaties foreign ambassadors in the US maritime activities 0 Civil lawsuits in which a plaintiff from one state sues a defendant from a different state 0 Civil lawsuits in which the plaintiff or defendant is a state government or the federal government Article III says that the supreme court has original jurisdiction in cases where a foreign ambassador or a state government is one of the parties 0 The rest of the supreme court work is a appeals cases quotwith such exceptions and under such regulations as congress shall make Judiciary act of 1789 federal law passed under George Washington established the federal courts system Structure of courts has changed through national laws since then The Federal Court System Today 94 Federal District Courts throughout the country National government operates one to four of these courts in each state s territory Courts and judicial work has been established by federal laws which the constitution allowed congress to make District courts have the original trials in the federal court system Criminal Cases 24 of cases are criminal trials defendant accused of violating a federalnational law by the US government National government is prosecuting the defendant for the people of the United States Most criminal cases go to state courts because people are usually violating state laws rather than federal laws Juries used in federal criminal cases if the defendant could be sentenced to 6 months or more Civil Cases 76 of cases are civil cases individuals groups governments or businesses have an argument over something that they cannot settle privately Plaintiff is suing the defendant saying that the defendant hurt him or her and should take responsibility must be able to show that they were personally harmed by the defendants actions Losing defendant in a civil case is never sentenced to prison or executed has to pay a ne Defendant has a right to a jury if the plaintiff is asking for more than 20 in damages A civil case is tried in a federal district court if the plaintiff is suing a defendant who resides in a different state and seeking more than 75000 in damages Civil cases are usually for state courts rarely go to federal district courts Article III gives the US Supreme Court original jurisdiction in civil lawsuits involving foreign ambassadors a federal law now gives the federal district courts concurrent jurisdiction in these cases saves the Supreme court time and work Appeals Courts 13 US appeals courts throughout the US Case can be appealed to one of these if the original trial was in one of the US District Courts in its circuit Appeals courts and their duties were established by federal law Federal government has to give a defendant the right to appeal Neverjuries in appeals courts Supreme Court Primarily an appeals court Get around 8000 appeal requests per year take about 80 Over 80 of cases are appealed from one of the 13 appeals courts 18 appealed by state supreme courts only if they involve a federal issue 0 Original trial in about 2 of cases 0 No juries 9 supreme court judges When the court gets an appeal if 4 justices want to hear the case they take it o If the court does not take an appeal they leave the lower court ruling unchanged 0 Activities never seen or reported on during the cases 0 judges are more private and isolated never give speeches or interviews 0 0000000 0 If the supreme court hears an appeals case judges get written briefs from both sides explaining their argument judges review lower court records Each side gives half hour oral argument judges ask questions No new evidence No witnesses No jury Vote by majority 5 rule one judge who voted in the majority will write the supreme court s opinion explanation of the reasoning of their decision Sets a new precedent for all other courts to interpret a law State Court System 0 95 of all civil and criminal cases held in state courts 0 Most states have appeals courts between their trial courts and supreme courts Every state has a supreme court In some states voters elect judges in others state legislature appoints judges some serve for life some have terms Criminal and civil cases tried in a state court can only get to the federal court system if 0 The loser in the state case already appealed something about hisher trial to the highest possible appeals court in hisher state ANE the appeal involves a federal issue it can be appealed to the supreme court 0 18 of supreme court cases were appealed by someone who list in herhis state s supreme court and the case involved a federal issue Federal judges About 800 federal judges in the US District Courts US Appeals Courts and US Supreme Court the judicial branch of national government All nominated by the president and approved by the senate No quali cations judges for life only removed through impeachment Marbury v Madison 1803 First case in which judicial review said that a government action contradicts the US constitution so the government should not do it Adams appointed conservative judges at the end of his term some commissions did not get delivered before jefferson came into office jefferson ignored the newly appointed judges who hadn t received their commission Marbury was one and appoint liberal judges Marbury sued james Madison then a bureaucrat working for jefferson who was supposed to deliver the commission Marbury wanted the supreme court to issue a writ of mandus to have his commission delivered Supreme court ruled that the part of the judiciary act of 1789 that gave them the power to issue writs of mandus was unconstitutional This was actually a powerful decision because the supreme court ruled that a government action judiciary act was unconstitutional and that government action should change gt gave judicial branch power over the other branches
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