Exam 2 Study Guide Political Science
Exam 2 Study Guide Political Science POLI 201 001
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POLI 201 001
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This 13 page Study Guide was uploaded by Sierra Crumbaugh on Tuesday March 22, 2016. The Study Guide belongs to POLI 201 001 at University of South Carolina taught by Darmofal in Spring 2016. Since its upload, it has received 116 views. For similar materials see American National Government in Political Science at University of South Carolina.
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Date Created: 03/22/16
Exam 2 Review Sheet Any of the material from the lectures and the book may be on the exam. As a consequence, the exam material is not limited to the items listed below. You should, however, pay particular attention to the items listed. Terms to know are listed below and in bold if discussed in the rest of the study guide Terms to Know: Administrative adjudication – the application of rules and precedents to specific cases to settle disputes with regulated parties Administrative legislation – rules made by regulatory agencies and commissions Afterthefact authority – the authority to follow up on the fate of a proposal once it has been approved by the full chamber Agency loss – the difference between what a principal would like an agent to do and the agent’s performance Amicus curiae – “friend of the court,” an individual or group that is not party to a lawsuit but seeks to assist the court in reaching a decision by presenting an additional brief Amnesty – a pardon extended to a group of persons Appellate jurisdiction – the class of cases provided in the Constitution and by legislation that may be appealed to a higher court from a lower court Bicameral legislature – a legislative assembly composed of two chambers or houses Briefs – a written document in which an attorney explains – using case precedents – why the Court should rule in favor of his or her client Bureaucracy – the complex structure of offices, tasks, rules, and principles of organization that are employed by all largescale institutions to coordinate the work of their personnel Bureaucratic drift – the oftobserved phenomenon of bureaucratic implementation that produces policy more to the liking of the bureaucracy than faithful to the original intention of the legislation that created it, but without triggering a political reaction from elected officials Cabinet – the secretaries, or chief administrators, of the major departments of the federal government. Cabinet secretaries are appointed by the president with the consent of the Senate Casework – an effort by members of congress to gain the trust and support of constituents by providing personal services Chief justice – the justice on the Supreme Court who presides over the Court’s public sessions Civil law – a system of jurisprudence, including private law and governmental actions, for settling disputes that do not involve criminal penalties Classaction suit – a lawsuit in which a large number of persons with common interests join together under a representative party to bring or defend a lawsuit, as when hundreds of workers join together to sue a company Clientele agency – a department or bureau of government whose mission is to promote, serve, or represent a particular interest Closed rule – the provision by the House Rules Committee that prohibits the introduction of amendments during debate Cloture – a rule allowing a supermajority of the members of a legislative body to set a time limit on debate over a given bill Coalitional drift – the prospect that enacted policy will change because of the composition of the enacting coalition is temporary and provisional Commander in Chief – the power of the president as commander in chief of the national military and the state national guard units (when called into service) Concurrence – an opinion agreeing with the decision of the majority by not with the rationale provided in the majority opinion Conference Committee – a joint committee created to work out a compromise for House and Senate versions of a piece of legislature Congressional caucus – an association of members of Congress based on party, interest, or social characteristics such as gender or race Constituency – the district making up the area from which an official is elected Court of appeals – a court that hear the appeals of trialcourt decisions Criminal law – the branch of law that deals with disputes or actions involving criminal penalties Delegate representation – a representative who votes according to the preferences of their constituents Delegated powers – constitutional powers assigned to one government agency but exercised by another agency with the express permission of the first Deregulation – the policy of reducing or eliminating regulatory restraints on the conduct of individuals or private institutions Descriptive representation – the idea that we seek to have legislature that has demographic characteristics similar to the population it represents Devolution – the policy of removing a program from one level of government by deregulating it or passing it down to a lower level, such as from the national government to the state and local governments Dissenting opinion – a decision written by a justice who voted with the minority opinion in a particular case in which the justice fully explains the reasoning behind his or her opinion Distributive tendency – the tendency of Congress to spread the benefits of a policy over a wide range of members’ districts Due process – proceeding according to law and with adequate protection for individual rights Executive agreement – an agreement between the president and another country that has the force of a treaty but does not require the Senate’s advice and consent Executive agreement – an agreement between the president and another country that has the force of a treaty but does not require the Senate’s advice and consent Executive Office of the President (EOP) – the permanent agencies that perform defined management tasks for the president. Created in 1939, the EOP includes the Office of Management and Budget, the Council of Economic Advisers, the National Security Council and other agencies Executive order – a rule or regulation issued by the president that has the effect and formal status of legislation Executive privilege – the claim that confidential communications between the president and the president’s close advisers should not be revealed without the consent of the president Expressed powers – the powers enumerated in the Constitution that are granted to the federal government Federal Reserve System (the Fed) – a system of 12 federal reserve banks that facilitates exchanges of cash, checks, and credit; regulates member banks; and uses monetary policies to fight inflation and deflation Filibuster – a tactic used by members of the Senate to prevent action on legislation they oppose by continuously holding the floor and speaking until the majority backs down. Once given the floor, senators have unlimited time to speak, and it requires a cloture vote of 3/5 of the senate to end a filibuster Fiscal policy – policies that regulate the economy through taxing and spending powers Gatekeeping authority – the right and power to decide if a change in policy will be considered Gerrymandering – the apportionment of voters in districts in such a way as to give unfair advantage to one political party Impeachment – the charging of a government official with “treason, bribery, or other high crimes and misdemeanors” and bringing him or her before Congress to determine guilt Implementation – the efforts of departments and agencies to translate laws into specific bureaucratic routines Incumbent – someone who holds a political office for which they are running again Inherent powers – powers claimed by a president that are not expressed in the Constitution but are inferred from it Judicial activism – the judicial philosophy that posits that the Court should see beyond the text of the Constitution or a statute to consider broader societal implications for its decisions Judicial restraint – the judicial philosophy whose adherents refuse to go beyond the text of the Constitution in interpreting its meaning Judicial review – the power of the courts to declare actions of the legislative and executive branches invalid or unconstitutional Jurisdiction – the domain over which an institution or member of an institution has authority Kitchen cabinet – an informal group of advisers to whom the president turns for counsel and guidance. Members of the official cabinet may or may not also be members of the kitchen cabinet Law clerks – each justice has 4 clerks who screen cases for justices and assist in general legal research Legislative initiative – the president’s inherent power to bring a legislative agenda before Congress Lineitem veto – the power of the executive to veto specific provisions (lines) of a bill passed by the legislature Logrolling – a legislative practice wherein reciprocal agreements are made between legislators, usually in voting for or against a bill. In contrast to bargaining, logrolling unites parties that have nothing in common but their desire to exchange support Majority leader – the elected leader of the part holding a majority of the seats in the House or Senate. In the House, the majority leader is subordinate in the hierarchy to the speaker Minority leader – the elected leader of the party holding less than a majority of the seats in the House or Senate Monetary policy – policies that regulate the economy through manipulation of the supply of money, the price of money (interest rate), and the availability of credit Mootness – a criterion used by courts to avoid hearing cases that no longer require resolution National Security Council (NSC) – a presidential foreign policy advisory council composed of the president, the vice president, the secretaries of state, defense, and treasury, the attorney general, and other officials invited by the president Open rule – the provision by the House Rules Committee that permits floor debate and the addition of amendments to a bill Opinion – the written explanation of the Supreme Court’s decision in a particular case Oral argument – the stage in Supreme Court proceedings in which attorneys for both sides appear before the Court to present their positions and answer questions posed by the justices Original jurisdiction – the class of cases provided in the Constitution that may be taken directly to a federal court Oversight – the effort by Congress, through hearings, investigations, and other techniques, to exercise control over the activities of executive agencies Pardon – forgiveness of a crime and cancellation of relevant penalty Party caucus/conference – a normally closed meeting of a political or legislative group to select candidates or leaders, plan strategy, or make decisions regarding legislative matters Party vote – a rollcall vote in the House or Senate in which at least 50 percent of the members of one party take a particular position and are opposed by at least 50 percent of the members of the other party. Party votes are less common today than they were in the 19 century Patronage – the resources available to higher officials, usually opportunities to make partisan appointments to offices and confer grants, licenses, or special favors to supporters Pocket veto – a veto that is effected when Congress adjourns during the time a president has to approve a bill and the president takes no action on it Porkbarrel legislation – the appropriations made by legislative bodies for local projects that often are not needed but are created so that local representatives can carry their home district in the next election Precedents – prior cases whose principles are used by judges as the bases for their decisions in present cases Privatization – the act of moving all or part of a program from the public sector to the private sector Proposal power – the capacity to bring a proposal before the full legislature Public law – Cases involving the action of public agencies or officials Regulatory agency – a department, bureau, or independent agency whose primary mission is to eliminate or restrict certain behaviors defined as negative in themselves or negative in their consequences Regulatory review – the OMB function of reviewing all agency regulations and other rule making before they become official policy Reprieve – cancellation or postponement of a punishment Ripeness – a case that is ready for litigation and does not depend upon hypothetical future events Rollcall votes – votes in which each legislator’s yes or no vote is recorded Rule making – a quasilegislative administrative process that produces regulations by government agencies Rule of four – the rule that certiorari will be granted only if four justices vote in favor of the petition Senatorial courtesy – the practice whereby the president, before formally nominating a person for a federal district judgeship, finds out whether the senators from the candidate’s state support the nomination Seniority – the priority or status ranking given to an individual on the basis of length of continuous service on a congressional committee Signing statement – an announcement made by the president when a bill is signed into law Solicitor General – screens out many cases in which the federal government is a party Speaker of the House – the chief presiding officer of the House of Representatives. The speaker is elected at the beginning of every Congress on a straight party vote. He or she is the most important party and the House leader Staff agencies – the agencies responsible for providing Congress with independent expertise, administration, and oversight capability Standing – the right of an individual or an organization to initiate a court case Standing committee – a permanent legislative committee that considers legislation within its designated subject area; the basic unit of deliberation in the House and Senate Stare decisis – literally, “let the decision stand.” The doctrine whereby a previous decision by a court applies as a precedent in similar cases until that decision is overruled Supremacy clause – a clause of Article VI of the Constitution that states that all laws passed by the national government and all treaties are the supreme laws of the land and superior to all laws adopted by any state or any subdivision Supreme court – the highest court in a particular state or in the U.S. This court primarily serves an appellate function Trial court – the first court to hear a criminal or civil case Trustee representation – a representative who votes based on what they think is best for their constituents Veto – the president’s constitutional power to turn down acts of Congress within 10 days of their passage while Congress is in session. A presidential veto may be overridden by a 2/3 vote of each house of Congress War Powers Resolution – a resolution of Congress declaring that the president can send troops into action abroad only by authorization of Congress or is U.S. troops are already under attack or seriously threatened Whip system – a communications network in each house of Congress. Whips poll the membership to learn their intentions on specific legislative issues and assist the majoring and minority leaders in various tasks White House staff – the analysts and advisers to the president, often called “special assistants” Writ of certiorari – a formal request by an appellant to have the Supreme Court review a decision of a lower court Writ of habeas corpus – a court order demanding an individual in custody be brought into court and shown the cause for detention. Habeus corpus if guaranteed by the Constitution and can be suspended only in cases of rebellion or invasion Congress: Congress is the most powerful and independent legislature than in other democracies The powers of congress are outlines in Article I, Section 8 of the Constitution o Power to tax and spend o Power to raise an army/navy and declare war o Power to regulate commerce o Power to coin money o Power to make all laws “necessary and proper” o Advice and Consent (Senate Only) o Ratification of Treaties (Senate Only) o Impeachment House o Larger than senate, power is more centralized, more organized o Minimum age: 25 years o Required length of U.S. citizenship: 7 years o Length of term: 2 years o Dependent upon population of each state Senate o Smaller and more deliberative than House o Minimum age: 30 years o Required length of U.S. citizenship: 9 years o Length of term: 6 years staggered o 2 senators/state Distributive tendency o Created through the building of supermajority coalitions to pass legislation Increasing partisanship in Congress is caused by o Committee assignments o Access to the floor o The whip system o Logrolling Congressional Elections The Electoral College The presidential electors from each state who meet in their respective state capitals after each popular election to cast ballots for president and vice president To win elections, candidates need: Ambition Money Name recognition/strong political base Charisma/strong personal organization The incumbency advantage Advantages include: Casework Patronage Porkbarrel legislation Early money o Incumbents raise and spend more money than opponents o Campaign donors want to give money to only those they think can win, incumbents usually win, incumbents get more money Name recognition Legislative redistricting House districts are redrawn every 10 years to reflect population changes Gerrymandering Legislative Organizations Problems: o Matching influence and interest o Imperfect information o Compliance Parties o Caucus (Democrats) and conference (Republicans) o Leadership (speaker, minority/majority leaders, whips) Committees o Committees are divided by policy jurisdiction o Committees have… Gatekeeping authority Proposal power Staffers and Agencies o Each member of congress has a large staff that provides assistance o Some staff agencies have been created to provide nonpartisan policy advice (CRS, GAO, CBO) How a Bill Becomes a Law Committee Deliberation o Bills must be introduced by a member of congress o Referred to committee o Most bills die in committee o Subcommittee – bills can be referred here to be amended Debate in the House o After leaving committee, bills must go to the Rules Committee which determines the rules under which the bill will be debated on the floor o The Rules Committee may provide a closed rule or open rule Debate in the Senate o Unlimited debate o 3/5 vote to invoke cloture o Recently, the minority has been frequently using the filibuster to kill legislation Reconciling Bills o A bill must be passed in exactly the same form in both the House and Senate o Bills can be sent back and forth between chambers until the same version is passed my both o A conference committee can be implemented to work out differences in the bill Presidential action o The president may veto legislation o Congress can override the veto by a 2/3 vote in each chamber o Veto can be used as a scare tactic to shape legislation The Legislative Epoch(1800-1933) Presidential power has varied over time Most of the U.S.’s institutional history An era when Congress dominated national policy making New Deal o Introduces new interventions by the federal government that meant a larger role for the chief executive Executive Branch Article II of the Constitution asserts that the executive power shall be vested in a President President o Chosen by the electoral college o Powers Expressed Military – commander in chief, power to make war Judicial – may grant pardons and amnesty Diplomatic – negotiate treaties, receive foreign ambassadors Executive – make sure laws are executed, nominate executive and judicial officials Legislative – gives information to congress and recommends measures, veto power Delegated Sometimes given the authority to appoint agency officials Inherent War powers – power to make war Legislative initiative – can bring legislative agenda before congress Executive order o Presidents have used the tactic of going public in recent years o When going public becomes limited presidents have turned to other options to increase their powers to achieve policy goals Increasing EOP Increasing use of regulatory review Increasing directives to agencies through executive orders Increasing use of signing statements Organization of Executive Branch o Cabinet departments o Independent agencies (NASA) o Government corporations (Amtrak) o Independent regulatory commissions Other Executive Branch staff o Cabinet o White House Staff o Executive Office of the President o Vice President Going public A tactic by which presidents seek to force members of Congress to support their policies by appealing directly to and mobilizing the public (speeches, radio, television, internet, etc.) Caused for personal characteristics and skills to become more important in presidential election and likability th This tactic has only increased in use throughout the 20 century Agencies 4 missions: o Clientele agencies Mission is to promote, serve, or represent a particular interest (department of labor) o Maintenance of the Union Agencies related to the core functions of keeping government running and the nation secure (revenue agencies – IRS) o Regulatory agencies Mission is to eliminate or restrict certain behaviors defined as negative in themselves or negative in their consequences (FDA, OSHA) o Redistributive agencies Influence the money supply, the role of the government in the economy, and the redistribution of wealth (Department of the Treasury) Fiscal and monetary policy Bureaucracy The complex structure of offices, tasks, rules and principles of organization that are employed by all largescale institutions to coordinate the work of their personnel Pros of Bureaucracy o Bureaucratic organization enhances efficiency through division of labor and specialization o Helps all governments to operate by allowing largescale coordination of individuals working on a task o Useful to delegate some decisions o Legislators sometime lack expertise or prefer that some decisions be made by “objective” bureaucrats rather than by interested politicians Bureaucrats do… o Implementation o Rule making o Administrative adjunction Problem of Bureaucratic Control o PrincipalAgent Bureaucratic drift Coalitional drift Presidential control of Bureaucracy o Beforethefact controls Appointment of sympathetic agency heads Regulatory review prior to final rule enactment o AftertheFact controls Executive orders Changes in budget authority Bureaucratic reorganization plans Congressional control of Bureaucracy o Beforethefact controls Authorization of agency Legislative language restricting discretion o Afterthefact controls Budgetary control Oversight Reform o Termination – one way to reduce the size of bureaucracy is to eliminate programs and agencies o Devolution The Judicial Branch Serves to settle disputes and interpret the law – separate from the other branches 3 roles for courts: dispute resolution, coordination, rule interpretation Judges o Presidential nomination of federal judges, Senate confirmation o Senatorial courtesy o Appointed for life o Are constrained by the Constitution and laws, common law, legal precedents, and established judicial procedures Categories of cases o Criminal law o Civil law o Public law Types of courts o Trial court o Appellate court o Supreme court 1 Chief Justice presides over the court’s public sessions, gets to speak first during deliberations, gets to vote last 8 Associate Justices Supreme Court procedures: Briefs o Amicus curiae Oral arguments Conference o Case is discussed and a preliminary vote taken Opinion writing o Majority opinion o Minority dissent Most cases are dealt with at the state level – only cases concerning federal laws, treaties or the Constitution are heard in federal court Caseload of federal courts o Ballooned in recent decades Only around 2,000 cases are appealed to the Supreme court each year Most of these cases are dismissed without a ruling o Controlling the flow of cases Solicitor general Law clerks Judicial review o Not explicitly granted by the Constitution by asserted by the court in Marbury v. Madison (1803) asserted the courts power to rule a law unconstitutional o Used to… Reverse state actions Overturn federal agency actions Challenge presidential action Overturn federal law o Stare decisis o Writ of certiorari Usually granted when there are conflicting decisions between two or more lower courts or if there are conflicts between a lower court decision and a previous Supreme Court decision Judicial Restraint Judicial Activism o THESE ARE NOT SYNONYMOUS WITH LIBERAL AND CONSERVATIVE
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