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POLS 1101 Study Guides

by: alk88738

POLS 1101 Study Guides Pols 1101

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Midterm 3 Study Guides filled out
Introduction to United States Government
Michael Lynch
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This 11 page Study Guide was uploaded by alk88738 on Sunday April 17, 2016. The Study Guide belongs to Pols 1101 at University of Georgia taught by Michael Lynch in Spring 2016. Since its upload, it has received 120 views. For similar materials see Introduction to United States Government in Political Science at University of Georgia.

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Date Created: 04/17/16
POLS 1101 Chapter 10 Study Guide: CONGRESS  The Constitution and Congress: the constitution gives Congress enumerated powers including regulating commerce, coining money, raising and supporting armies, creating the courts, post offices, declaring war, and levying taxes. {article I section 8 of the constitution} The elastic clause “make all laws which shall be necessary and proper for carrying in execution for foregoing powers”  Bicameralism: The system of having two chambers within one legislative body, like the House and Senate in the U.S Congress.  Trustee and delegate models of representation o Trustee: A member of Congress who represents constitutes’ interests while also taking into account national, collective, and moral concerns that sometimes cause the member to vote against preference of a majority of constitutes o Delegate: A member of Congress who loyally represents constitutes’ direct interests.  Rules for congressional elections: Every 2 years, voters elect members of the House (whose terms are 2 years) and 1/3 of the Senate (whose terms are 6 years). These elections are held mid-way through a president’s term in office and are called mid-term elections  Electoral connection: The idea that congressional behavior is centrally motivated by members’ desire for reelection  Redistricting and gerrymandering o Redistricting: Redrawing the geographic boundaries of legislative districts. This happens every 10 years to ensure that districts remain roughly equal in population o Gerrymandering: Attempt to use the process of redrawing district boundaries to benefit a political party, protect incumbents, or change the proportion of minority voters in a district o Packing and cracking:  Packing: concentrates members of a group into a single district. Thereby allowing the other party to collect the remainder of the districts  Cracking: splits a bloc among multiple districts, so as to dilute their impact and prevent them from constituting a majority o Racial redistricting: redrawing the geographic boundaries so the minorities are the majority in a specific region  Incumbency advantage: The relative infrequency with which members of Congress are defeated in their attempts for reelection  Party leaders in Congress: 1. Speaker of the House: the elected leader of the House of Representatives  Currently Paul Ryan 2. Majority Leader: the elected head of the party holding the majority seats in the House or Senate  Currently Mitch McConnell 3. Whip System: an organization of the House leaders who work to disseminate information and promote party unity in voting on legislation 4. Minority Leader: the elected head of the party holding the minority seats in the House or Senate 5. President Pro Tempore: a largely symbolic position usually held by the most senior member of the majority party in the Senate  Role of parties in Congress: reflect the individualism of the institution 1. Roll Call Vote: a recorded vote on legislation  Yes, no, abstain, or present 2. Party Votes: a vote in which the majority of one party opposed the position of the majority of the other party 3. Party Unity: the extent to which members of Congress in the same party vote together on party votes  Committee system: 1. Standing committee: Committees that are a permanent part of the House or Senate structure, holding more importance and authority than other committees 2. Select committees: Committees in the House or Senate created to address a specific issue for one or two terms 3. Joint committees: Committees that contain members of both the House and Senate but have limited authority 4. Conference Committees: Temporary committees created to negotiate differences between the House and Senate versions of a piece of legislation that has passed through both chambers  Committee markup: One of the steps through which a bill becomes a law, in which the final wording of the bill is determined  Role of the House Rules Committee: the house rules committee set the rules of which must be followed during the markup process or if the bill can be amended at all  Cloture and the filibuster in the Senate 1. Cloture: A procedure through which the senate can limit the amount of times spent debating a bill (cutting off filibuster), if a supermajority of 60 senators agree 2. Filibuster: A tactic used by senators to block a bill by continuing to hold the floor and speak- under the Senate rule of unlimited debate- until the bill’s supporters back down  Conference committees: Temporary committees created to negotiate differences between the House and Senate versions of a piece pf legislation that has passed through both chambers  Presidential veto and veto override: 1. Presidential veto: when a bill passes through the House and Senate, but the president votes the bill down 2. Veto Override: once the president strikes down a bill, Congress can vote the bill a law by 2/3 vote in each chamber  How much support needed to pass/defeat legislation: if the bill is sent to the president and is vetoed, the house of congress that the bill originated from can override the veto with 2/3rds the majority vote  Differences between the House and the Senate: There is three key differences between legislative processes of the House and Senate 1. The continuity of the membership and the impact that has on the rules 2. The way bills get to the floor 3. Structure of the floor process (debate and amendments)  Congressional oversight: After a bill becomes a law, Congress oversees the implementation of the law to make sure the bureaucracy interprets it as Congress intended ______________________________________________________________________________ POLS 1101 Chapter 11 Study Guide: THE PRESIDENCY  Constitutional role of the president: o Constitutional Authority: Powers derived from the provisions of the Constitution that outline the president’s role in government o Statutory Authority: Powers derived from laws enacted by Congress that added to the powers given to the President in the constitution o Commander in chief o Chief diplomat o Executive- Formal/Pocket Veto o Legislator- Agenda setting, high influence on what legislation is written about, o Constitutional powers ambiguous and limited, yet the president is considered quite powerful. o Head of state  Green Lantern theory of the presidency: “The belief that the president can achieve any political or policy objective if only he tries hard enough or uses the right tactics.” like the Green Lantern, the president is seen to be able to accomplish anything that the president puts his mind to. REALITY: the president is not a superhero, but rather a person operating in a complex separation-of-powers system  Evolution of presidential power: o By the early 1800s the number of staff working in and around the white house was less than a dozen o When FDR Became president there were about fifty staff members. (Maintenance, switchboard, and mailroom duties) o In 1937 the president’s committee on administrative Management. (brownlow Committee- attempt to increase the executive power by assisting the executive) Concluded that the “president needs help’ o Much Like a CEO of a business, the president found himself in need of the tools to carry out the “business of the nation”  President as commander in chief: The Constitution makes the President the commander in chief of America’s military forces but gives Congress the power to declare war. The President controls day-to-day military operations through the Department of Defense and has the power to order troops into action without explicit congressional approval.  War Power Act of 1973: This Act was enacted as a way to restrain the presidents war-making powers. o The president is required to report to Congress any introducing of U.S. forces into hostilities or imminent hostilities. o The use of force must be terminated within 60 days unless Congress approves of the deployment. The time limit can be extended to 90 days if the president certifies that additional time is needed to safely withdraw American forces. o The president is required whenever possible to consult with Congress before introducing American forces into hostilities or imminent hostilities o Any Congressional resolution authorizing the continued deployment of American forces will be considered under expedited procedures  President as head of state: One role of the president, though which he or she has authority over the executive branch. the president is seen as a symbolic and political representation of the US.  Treaties and executive agreements: o Treaty-making power is shared between Congress and the President: presidents and their staff negotiate treaties; these are then sent to the senate for approval, with the support of a two- thirds majority. o Presidents have two strategies for avoiding a congressional treaty vote. One is to announce that the United States will voluntarily abide by a treaty without ratifying it. It is also possible to structure a deal as an executive agreement between the executive branch and a foreign government, which acts as a treaty but does not require Senate approval.  Executive Agreement: an agreement between the executive branch and a foreign government, which acts as a treaty but does not require Senate approval.  Executive orders: Proclamations made by the president that change government policy without congressional approval  Signing statements: A document issued by the president when signing a bill into law explaining his or her interpretation of the law, which often differs from the interpretation of Congress, in an attempt to influence how the law will be implemented  Appointments: The president appoints ambassadors, senior bureaucrats, and members of the federal judiciary, including Supreme Court justices. AS head of the executive branch, the president controls about 8,000 positions, ranging from high-profile jobs such as secretary of state to routine administrative and secretarial positions. o Recess Appointment: Selection by the president of a person to be an ambassador or the head of a department while the Senate is not in session, thereby bypassing Senate approval. Unless approved by a subsequent Senate vote, recess appointees serve only to the end of the congressional term  Executive office of the president: o Executive Orders o Signing Statements o Executive Privilege- the right of the president to keep executive branch conversations and correspondence confidential from the legislative and judicial branches. o Agenda Setting -> Bully Pulpit o Recommends the Budget o War Powers o Enables him to issue orders to government agencies that make significant policy changes. Constitutionally places the president in charge of implementation of laws, saying “he shall take care that the Laws be faithfully executed”  Presidents’ role in lawmaking: The Constitution establishes lawmaking as a shared power between the president and Congress, and compromise between the two branches is fundamental to passing laws that satisfy both the president and Congress o President and White House Staff  President directs staff to gather information and develop proposals – they talk to the public, members of Congress, interest groups, union and corporation heads, party leaders, and others. Some of these groups initiate contact and submit their own ideas or even fully drafted proposals. o President and Congress  Negotiations between the president and Congress produce compromise proposals o President and his staff and Congress  President and his staff lobby members of Congress and propose modifications and of proposals to gain support. o Agenda setting: process of forming the list of matters that policy makers intend to address o Veto: the refusal of an executive officer to assent to a bill that has been created and approved by the legislature, thereby depriving the bill of any legally binding effect  Going public: when the president tries to appeal to the public to gather support. Doesn’t work well anymore. The use of speeches and other public communications to appeal directly to citizens about issues the president would like the House and Senate to act on  President and public opinion: most of the president's views are shaped by public opinion and what the public is concerned about  Presidential succession: o president→ vice president→ Speaker of the House→ president pro tempore of the senate→ certain cabinet secretaries. o Fun fact- when all these executives are in the same room (state of the union address) one of the secretaries have to be in a totally different area  Vice president and cabinet: o 12 and 25th amendment, duties and responsibilities today. o Assumption of the presidency if needed o Key advisor o Breaks ties in the senate  President as party leader: the president is the unofficial head of his or her political party and generally picks the party’s day-to-day leadership of the party, or at least a considerable influence over the selection.  Limits to the power of the presidency: Limitations to the presidency are hard to come by because the constitution's broad scope on his or her power. o Unilateral Action- any policy decision made and acted upon by the president and presidential staff without the explicit approval or consent of congress. (this can be limited by acts of congress and impeachment.) o Members of congress can write laws in a way that limits the president’s authority over their implementation. o These laws will then most likely be vetoed by the president and have to go for another round in the houses. This is why his/her power is hard to limit.  Line Item Veto: the power given to governors (in some states) to veto certain lines of bills, but pass the rest. The governor can actually scratch out certain lines.  Power to Pardon: The president has the power to pardon a convicted person unless he or she has been impeached and convicted by congress ______________________________________________________________________________ POLS 1101 Chapter 12 Study Guide: THE BUREAUCRACY  Bureaucracy: The system of civil servants and political appointees who implement congressional or presidential decisions; also known as the administrative state  Civil servants: Employees of bureaucratic agencies within the government  Political appointees: People selected by an elected leader, such as the president, to hold a government position  Role of the bureaucracy in implementing legislation: o Congress passes legislation o The president signs the bill into law o Interest groups provide information and proposals to bureaucrats, and they lobby for their preferred implementation of the legislation o Courts respond to challenges to the law, and they can provide guidelines for implementation o Bureaucrats interpret the law and design appropriate regulations o Other bureaucrats disseminate regulations to state and local governments, corporations, and individuals, and they monitor compliance o Regulations can be revised in light of changing circumstances, different political climates, or unanticipated consequences  Regulation: A rule that allows the government to exercise control over individuals and corporations by restricting certain behaviors  Organization of the federal bureaucracy: o Congress passes legislation o The president signs the bill into law o Interest groups provide information and proposals to bureaucrats, they lobby for their preferred implementation of the legislation o Courts respond to challenges to the law, and they can provide guidelines for implementation o Bureaucrats interpret the law and design appropriate regulations o Bureaucrats disseminate regulations to state and local governments o Regulations can be revised in light of changing circumstances, different political climates, or unanticipated consequences  Principal-Agent Theory: Elected officials must figure out how to reap the benefits of bureaucratic expertise without simply giving bureaucrats free rein to so whatever they want. the interaction between a principal (such as the president or Congress) who needs something done, and an agent (such as bureaucrat) who is responsible for carrying out the principal’s orders o Asymmetric information: when the interest of the agent differs from the interest of the president, the president cannot be sure that the agent is carrying out the legislation as intended, or acting in the principal’s best interest o Bureaucratic drift: Bureaucrats’ tendency to implement policies in a way that favors their own political objectives rather than following the original intentions of the legislation  Development of the bureaucracy: the bureaucracy’s important developments occurred during three short periods- late 1890’s, early 1900’s, the 1930’s and the 1960’s. o Andrew Jackson was one of the first to have a large scale use of the spoils system for his political party. The challenge with this was making sure that all of these government employees knew how to do their job. To prevent error “Standard Operating Rules” were put into place. o The most progressive changes happened in the Progressive Era, from 1890 to 1920. An Increase in laws and executive actions increased the government's regulatory action. o Dramatic expansion in New Deal (1930’s and during the mid- 1960’s) New deal put a new level of responsibilities and size on the bureaucrats and the president. o The great Society was another expansion of bureaucracy. This occurred during Lyndon B Johnson's presidency. Congress enacted programs that funded bilingual education, loans grants for college students, special education, etc. o The Reagan revolution barely cut the size of government.  How the Congress attempts to control the bureaucracy: o Oversight: Congressional efforts to make sure that laws are implemented correctly by the bureaucracy after they have been passed o Police patrols: A method of oversight in which members of Congress constantly monitor the bureaucracy to make sure that laws are implemented correctly o Fire alarms: A method of oversight in which members of Congress respond to complaints about the bureaucracy or problems of implementation only as they arise rather than exercising constant vigilance  How the President attempts to control the bureaucracy: o The farther away the bureaucracy moves away from the immediate presidential office, the less control the president has on it. The Executive branch of the federal government includes 15 cabinet offices, as well as several independent agencies and commissions and government corporations. (Department of agriculture, department of commerce, department of education, etc.)  The individuals working in these organizations that are apart of the administrative presidency(appointees) that seeks to ensure that bureaucrats implement the president’s policy priorities, bringing the actions of the bureaucracy in line with the president’s.  Specifically, the presidential appointees may have trouble fulfilling this role because he or she might not have the expertise to know what exactly the specific agency may be doing.  Street Level Bureaucrats: are the teachers, police officers, social workers and other professionals who interact directly with citizens on behalf of the state.  Red Tape: excessive bureaucracy or adherence to rules and formalities, especially in public business.  Standard Operating Procedure: The term standard operating procedure, or SOP, is used in a variety of different contexts, including healthcare, aviation, engineering, education, industry, military and civil servants ______________________________________________________________________________ POLS 1101 Chapter 13 Study Guide: THE COURTS  Marbury v. Madison: Includes: the judiciary act of 1789, established federal court structure: 6 supreme court Justices, 13 District courts, 3 circuit courts o In the final two weeks of his presidency john adams appointed 6 additional judgeships. o Marbury was appointed a justice of the peace. His commission was supposed to be delivered by secretary of state john marshall, but marshall was unable to complete the necessary deliveries. o Madison the new Secretary of state refuses to deliver commission. o Marbury sued the court with the Judiciary act of 1789 calling for a writs of mandamus. o ((A writ of mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion)) o This specific portion of the act was repugnant to the constitution casting it void. o 4-0 decision  Judicial review: The Supreme Court’s power to strike down a law or an executive branch action that it finds unconstitutional  District courts, appeals or circuit courts, and the Supreme Court: o District courts- lower level trial courts of the federal judicial system that handle most U.S. federal cases o Circuit courts- exercised both original (first instance) and appellate jurisdiction. The lower courts of the federal government. o Supreme Court- the highest judicial court in a country or state  Constitutional versus statutory interpretation: o Statutory Interpretation: the action of a court in trying to understand and explain the meaning of a piece of legislation. o Constitutional interpretation: Mode of thought that describes a general approach which the judiciary uses to interpret the law, particularly in constitutional documents and legislation  Plaintiffs: The person or party who brings a case to court  Defendants: The person or party against whom a case is brought  Plea bargain: An agreement between a plaintiff and a defendant to settle a case before it goes to trial or the verdict is decided. In a Civil case, this usually involves an admission of guilt and an agreement on monetary damages; in a criminal case, it often involves an admission of guilt in return for a reduced charge or sentence  Precedent/stare decisis: A legal norm established in court cases that is then applied to future cases dealing with the same legal questions  Standing: Legitimate justification for bringing civil case to court  Mootness: The irrelevance of a case by the time it is received by a federal court, causing the Court to decline to hear the case  Judicial confirmation process: o District Courts  Senatorial courtesy o Appeals and Supreme Court  President takes most interest o Senate Judiciary Committee  Hearings o Confirmation Process  Role of Interest Group  Ideology, the median voter and the Supreme Court: Currently we only have 8 Supreme Court justices (split vote) next appointed justice will sway vote to one party  Writ of certiorari: The most common way for a case to each the Supreme Court, in which at least four of the nine justices agree to hear a case that has reached them via an appeal from the losing party in a lower court’s ruling  Rule of four: if 4 justices say YES Supreme Court will hear case  Solicitor general: A presidential appointee in the Justice Department who conducts all litigation on behalf of the federal government before the Supreme Court and supervises litigation in the deferral appellate Courts  Amicus curiae: Latin for “friend of the court,” referring to an interested group or person who shares relevant information about a case to help the Court reach a decision  Supreme Court votes and opinions: o Majority opinion: opinion written by most people in a group o Dissenting opinion: opinion written by people who were in minority o Concurring opinion: opinion written by some who agrees with majority/minority but for different reasons  How democratic is the Supreme Court: all appointed for life, nominated by president, approved by senate. Not directly elected by people but ruling affects people


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