Midterm Study Guide (ch. 6, 7, 9)
Midterm Study Guide (ch. 6, 7, 9) 20
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Chapter 6 CONGRESS What are the roots of the US Congress The Great Compromise developed an upper and lower house of Congress 0 Upper Senate 0 Lower HOR House of Representatives 0 Called a bicameral leoislature o A state39s population number determines how many representatives it has Requirements for being in HOR or Senate 0 HOR Must be at least 25 years old Must be a citizen of US for at least 7 years Legal resident of state that they are representing 0 Senate Must be at least 30 years old Must be a citizen of US for at least 9 years Legal resident of state that they are representing Apportionment according to population number the number of House representatives that are allotted to each state a proposed law that cannot become law unless it is approved by both houses What powers does Congress have Ability to tax and fund programs Borrow money Regulate commerce both with foreign nations and between states Establish rules for naturalization and bankruptcy Coin money set monetary values and x standard of weight and measures Punish counterfeiting Establish post of ce and post roads lssue patents and copyrights and patents Create lowerstatus courts under SC Supreme Court Declare war Raise and support an army and make the rules that they have to follow Provide for militia quotMake all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested by this Constitution in the government of the United Statesquot KEY POWERS 0 House and Senate pass bills to make laws 0 Raise and spend revenue 0 Other powers as quotnecessary and properquot to carry out functions of Congress 0 Impeachment 23 of Senatorial approval for vote of removal of of ce What are the differences between the HOR and Senate 0 Regulation operation and institution HOR has more regulation because of large size 435 representatives amp stronger leadership 0 Senate only has 100 amp weaker leadership HOR is less personal while the Senate is more personal HOR serves 2year terms while Senators serve 6 HOR initiates impeachment process and Senate tries the impeached of cial HOR emphasizes tax amp revenue policy 0 Senate emphasizes foreign policy What is the typical day for a Congress member like 0 On average runs from about 5 AM to about 11 PM 0 Extremely social out to breakfast attend meetings and hearings until they again go out to eat for lunch attend more meetings hearings attend a floor votes then go out to eat again for dinner go back to the of ce to sign a variety of mail and documents then go home Congressional Demographics 0 They are all whiter more male older more religious and more educated than the general population of America 0 Many have inherited much wealth House Reps make about 5 mill Per year Senators make about 14 mill per year What is incumbency Incumbency helps members of Congress stay in of ce once they are elected into it 0 Bene ts of incumbents o Namerecognition a voter39s recognition of a name on a ballot because it has been there for so long access to free media ease of fundraising getting a district that the incumbent favors o creditclaiming pork barreling quotbringing the money homequot 000 What is redistricting Remember when I previously talked about apportionment well this falls under that category Redistricting the redrawing of congressional lines based on the changed number of representatives in that region the number can get higher or lower based on the population of that area remind you of apportionment Representatives can take advantage of a process called gerrymandering the drawing of congressional districts based on a politician39s political standpoint to ensure more votes in their favor o This results in funnylooking districts that creates frequent challenges in courts across the country How is Congress organized Majority party each house has one and it is the sector with the most members 0 Minoritv partv each house also has one of these and it is the sector with the secondmost members 0 Partv caucus conference a formal gathering of all the members 0 Leadership in HOR Speaker of the House has the most power 0 Speaker of the House the only member who is speci cally mentioned in the Constitution the most powerful position Almost ALWAYS vote along party lines Comprised of a partisan composition because of its large size Majority leader lminority leader l majority amp minority whips Whip keep very close contact with members of their party takes vote counts on key legislation summarizes bills and provides medial communication amongst party members 0 quottry to whip fellow Democrats or Republicans into a line on partisan issuesquot 0 Leadership in the Senate Presidino of cer who is also the VP of the US only votes in case of a tie President pro tempore the person whom the majority party selects to replace the presiding of cer in any time of absence 0 Pro tempore quotfor a timequot Maioritv leader the leader of the Senate elected by majority party Leadership teams comprised of the minority leader and Republican and Democrat whips They state where the party stands The Committee System Committees are comprised of memberships Standing committees makes up most committees o Referred bills are proposed to these committees Move from one Congress to the next loint committees a type of standing committee 0 Includes members that are both Democratic and Republican 0 Deal with major issues such as the economy or scandals Conference committees a type ofjoint committee 0 Work on legislation where there are issues between both houses 0 Includes members from House and Senate and are members who originally proposed the bill Select soecial committees investigation study 0 TEMPORARY 0 Created for speci c purposes ie for 911 terrorist attacks 0 Committee chairs 0 They select all subcommittee members call meetings and recommend which majority leaders sit in on conference committees o No longer selected based on seniority they are interviewed for their quaH ca ons Congress39s LawMaking Function Committee referral chair decides if there will be a jury trial Floor debate D Final approval There is a possibility of libuster endless talking in attempt to slow down the passing of the bill or a M attempt to kill the bill How can the president stop the passing of a bill The president always is allotted 10 days to sign a bill into a law 0 He can m the bill in which case it goes back to Congress for further consideration 0 He can do nothing after the 10 days has passed it will simply become a law 0 This happens when he does not favor it enough to sign it but also does not dislike it enough to not sign it c He can also pocket veto a bill this happens when the president knows that Congress will adjourn before the 10 days is up he does not sign it and it is thrown out Congressional Budgetary Function 0 The president writes the budget 0 The OMB Of ce of Management and Budget aids executive branch in creating this budget 0 This is used to make policy initiative how government money will be spent for the upcoming scal year Conoressional Budoet Act of 1974 created Congressional Budget Of ce helps analyze spending bills 0 Establishes levels of spending 0 Reconciliation process to limit debates Reconciliation considers controversial issues that affect the budget by limiting debate time to only 20 hours this eliminates the threat of a libuster quotPorkquot amp programmatic requests 0 These are the same thing 0 Used to be called quotearmarksquot 0 Speci c money is transferred in to the speci c district which is the home of that Congress member There is a timeline for the budgetary process 0 1St Monday in Feb president submits budget to Congress Feb 15 budget outlooks April 15 budget resolution May 15 appropriation begins june 10 appropriations committee ties loose ends on appropriation issues june 15 reconciliation ends de ned above june 30 appropriation ends 0 Oct 1 new scal year begins and process starts over in Feb 0000 CO Congressional Oversight Function Conduct Congressional hearings which are televised 0 Question agency of cials Approval of Cabinet of ces amp executive nominations Ability to impeach War Powers Resolution 1973 0 Passed due to Nixon39s delayed reaction to Vietnam War 0 Limits 39commander and chief39 power of the president Now the president can only commit troops overseas with Congressional approval or if the US is attacked Also need approval to declare war creates a tension between Congress and president Congressional Review Act of 1966 Allows Congress to overrule regulation for federal agencies 60 days allotted to pass joint resolution of legislative disapproval Has been used infrequently Senate con rms nominations for Supreme Court federal district courts and cabinet nominations Impeachment 0 House votes to impeach D senate conducts trial 0 Examples Bill Clinton purgery amp obstruction ofjustice Nixon Watergate scandal 0000 How do members of Congress make decisions How do members best represent their constituents 0 Listen to constituent concerns but in the end use their best judgement when it comes voting time trustees o Delegate vote the way that their constituents want no matter what their best judgement may be 0 Politico goes back and forth between a trustee or a delegate depending upon the situation at hand Interest groups o Literally groups who are interested advocate speci c topics and issues Lobbyists 0 Have the ability to represent interest groups or any other interests PACs Political Action Committees 0 Help nd and support candidates Logrolling quotvote tradingquot 0 On speci c bills related to money or projects for speci c congressional districts 0 Staff amp support agencies 0 These people have huge in uence on their boss39s a member of Congress decisionmaking Balancing Institutional Power 0 Checks and balances have both positive and negative affects when put in use 0 Congress and the executive branch share different powers in the lawmaking process 0 Supreme Court reviews the constitutional acts of Congress 0 Congress determines number ofjudges on each court and draws judicial districts 0 The people elect Congress members and the members in turn represent the people Chapter 7 THE PRESIDENT Roots of the of ce of the President 0 First example of colonial power in the colonies was the royal governer 0 There were no longer strong ties between crown and colonists and there was a distrust of this royal governer After the Declaration of Independence this distrust remained NO executive branch existed under the Articles 0 After George Washington was trusted with everyone in the nation39s lives the people deemed him to be the president of the US Presidential Quali cations 0 Must be a naturalborn citizen of the US 0 Must be at least 35 yo Must be a resident of the states for 14 years or longer How long can a president serve in of ce 0 This used to be a major controversy 0 The Framers of the Constitution ultimately decided that one president is allowed to serve a term of four years with the possibility of one reelection o 22nCI Amendment limits one president to serving ONLY two terms o A VP that takes over a president39s seat in of ce has the ability to serve for a maximum of 10 years Impeachment o The Framers delegated this power to the HOR o It is used when necessary against any quotcivil of cerquot to boot them out of of ce uner the conditions of quotTreason Bribery or other High Crimes and Misdemeanorsquot 0 Le US v Nixon Watergate Scandal 0 executive privilege quotan implied presidential power that allows the president to refuse to disclose information regarding con dential conversations or national security to Congress or the judiciaryquot What are the rules of succession Presidential deaths happen 0 25th Amendment if a president falls ill dies or is in any way incapable of holding his position in of ce for any period of time the VP will take over What constitutional powers does the president have 0 The appointment power 0 Presidents are allowed to appoint ambassadors public minsters and consuls judges on the Supreme Court and other civil of cers in the US 0 This greatly in uences policymaking President can and usually does appoint of cers that are of their same party af liation He knows that bills will pass that are in his favor 0 Election of members in the Cabinet Cabinet members who are individually in charge of each executive department a presidential advisory board 0 The power to convene Congress 0 Signi cant in times of national crisis 0 The power to make Treaties 23 of Senate must approve for treaty to be valid ie Treaty of Versailles ended WWI presidents can unsign treaties executive agreements a sort of way to bypass senatorial approval makes the process a little shorter secret and sensitive agreements between president and foreign na ons the power to veto o m presidential rejection of bills that have been passed by both members of Congress prevents the bill from becoming a law without further congressional debate lineitem veto the presidential ability to reject certain areas of a bill rather than the entire thing OOOO o the Commander in Chief power 0 one of the most important presidential powers 0 there has always been disagreement between Congress and president about who should be able to declare war Watergate Scandal it was found that Nixon approved the altering of statistics in quotThe Pentagon Papersquot which described casualties among other numbers 0 Out of this came the War Powers Resolution 0 Congress passed this to ensure that no president would ever again have the power to send American troops onto foreign land without Congressional approval 0 The pardoning power 0 Pardon power of the president to sign a document that gives back the rights and privileges of citizenship to someone who was convicted charged of a crime 0 Can be used on individuals or groups of people What did the rst presidents contribute to this nation 0 George Washington 0 Established the primacy of the national government 0 Started regular meetings with advisors This established the Cabinet system 0 He clari ed the role of the chief executive in foreign affairs 0 The powers of the presidency were the basis of why the US stayed neutral while the British and French were at war They were no longer operating under the crown John Adams 0 Poor leadership skills Increased interaction between Federalists and Antifederalists Faster development of political parties 0 Thomas Jefferson 0 Increased the role of the president in legislative processes 0 Andrew Jackson 0 Personi ed America 0 Reasserted supremacy of national government Nulli ed a federal tariff law in South Carolina 0 Abraham Lincoln 0 Suspended the writ of habeas corpus o Expanded size of US army 0 Ordered a blockade without Congressional approval 0 Closed US mail to treasonable correspondence As the individual role of the president increased so did the size of the executive branch 0 The Vice President 0 Power depends on how much the president gives them With rst presidents this role was largely insigni cant More powers are vested in the VP today 0 The Cabinet 0 An advisory group to the president heads of major executive departments 0 Help the president put laws into use and help him make executive decisions 0 Agriculture commerce labor education etc What is the role of the EOP Executive Of ce of the President FDR established this to oversee his New Deal programs o It is generally used to oversee the executive branch39s bureaucracy Why is the White House Staff important 0 Personal assistants to the president hundreds of them 0 They do not need Senatorial approval 0 There is usually a chief of staff Why is the personality of the president a large factor in their job 0 They need support to be effective in legislation and policymaking Public opinion 0 Public opinion of the president is good when the economy is thriving 0 Public opinion dwindles during times of great depression or national crises ie 911 terrorist attacks Proposing and facilitating legislation 0 They are much more likely to win on bills that were on their original agenda 0 Must persuade Congress to pass their bills 0 Can call on political parties for support Setting the budget 0 The president must set an overall economic budget that covers all areas of spending in the US for one scal year OMB Of ce of Management and Budget 0 After the president presents them with his estimated budget this group reviews it writes the proposal provides quoteconomic forecastsquot and analyzes any proposed bills rules quotToolsquot of presidential power 0 Executive orders rules or regulations made and executed by the president without the need for Congressional approval a shortcut 0 must be published in the quotFederal Registerquot sionino statements comments written and signed by the president which are attached to a bill 0 can be simple comments or complaints concerns Chapter 8 THE jUDICIARY Roots of the Federal Judiciary framers felt that this branch was quotof necessityquot and also debated having lower state courts 0 Article 3 section 2 states the signi cance of the federal judiciary 0 Also describes iurisdiction the types of cases that certain courts can hear 0 Orioinal iurisdiction the power of one court to hear the case rst they determine the facts of said case 0 Appellate iurisdiction certain courts have the power to review andor change the decisions of a lower court case 0 Checks and balances on the courts 0 Congress can control whether or not the Court can review hear certain cases 0 Congress can also pass law that overrides changes a judicial decision 0 The president appoints all federal judges The judiciary Act of 1789 0 Established the 3tiered federal court system 0 Lowest federal district courts 0 Middle circuit courts 0 Highest the Supreme Court of the United States The Marshall Court 0 john Marshall is considered the most in uential justice in the history of the SC Supreme Court 0 Helped to establish the role and power of the SC 0 Created quotseriatimquot opinions literally translates to quotin a seriesquot Individual opinions were now represented as broader and fewer opinions 0 Established SC as supreme over any other court 0 claimed the right of judicial review the power of the courts to review acts of other branches of government and the states MAKE FINAL DECISIONS OF ANY CONSTITUTIONAL QUESTIONS Marbury v Madison 0 Established the power ofjudicial review implied by the supremacy clause 0 Original jurisdiction of the courts were unconstitutional The organization of the federal court system 0 Basically 3tiered 1 Bottom trial courts Where it all begins 2 Middle appellate courts Review only ndings of law made by trial courts 3 Highest SC 4 these are ALL constitutional or Article III courts Which means that they were all created under the Constitution or Congress established them District Courts 0 These are federal trial courts 0 There are currently 94 1 Every state has at least one Majority ofjudicial work takes place in these courts 0 have jurisdiction over certain types of cases 1 involve federal government as a party 2 they present a federal question federal question jurisdiction 3 involve civil suits with citizens from different states amp monetary value exceeds 75000 The Courts of Appeals intermediate appellate courts established to hear appeals from federal district courts 11 currently exist Number 12 is the US Court of Appeals for the DC Circuit Have no original jurisdiction it was established by Congress in 2 categories 0 Appeals from criminal and civil cases from district courts 0 Appeals from administrative agencies 0 Hear no new testimonies o A lawyer prepares a proposes a m document that contains written legal arguments The Supreme Court 0 Center of highly controversial political issues that have not been successfully resolved 400 staff members 0 Make decisions to establish national precedent a priorjudicial decision which serves the purpose of settling cases of similar topics 0 quotstare decisisquot relying on previous court decisions to make new decisions in new court cases How are federal judges selected Presidents appoint all federal judges Senatorial courtesy process by which presidents allow senators from the state in which there is a judicial vacancy to block a nomination by simply registering it o A way for presidents to screen their nominees Nomination criteria 0 Experience in judicial legal or governmental areas 0 Ideology policy preferences that favor that of the president39s o quotrewardsquot ie being close longtime friends with the president 0 Religion Almost all justices have been Protestant 0 Race ethnicity and gender Few minorities women gays lesbians African Americans Hispanics etc 0 Con rmation process 0 White House Staff begins investigation 0 Names are forwarded to ABA American Bar Association represents interest of the judicial profession 0 Senate judiciary Committee then send questionnaire to all nominees pertaining to their previous work 0 Lobbying by Interest Groups also play a key role in determining minute but important information about nominees 0 Senate Committee Hearings and Senate Vote televised open to the public Most votes are not close but some have been What is the Supreme Court like today 0 No televised hearings Public lacks knowledge of how SC works due to lack of interest 0 SC is asked to hear over 3500 cases per year 0 Only about 1 80 cases come to a nal decision Deciding to hear a case 0 Writ of certiorari petition goes to chief ofjustice as well a number of other justices 1 The case must come from US Court of Appeals or other courts of last resort 2 MUST have to do with constitutional issues Rule of four at least four justices must come to an agreement How does a case survive the process 0 The federal government is the party asking for review 0 Solicitor general in charge of handling all appeals on behalf of the US government to the SC Amicus curiae quotfriend of the courtquot 0 This is what the solicitor general is o The case involves con ict among the court of appeals 0 Civil rights civil liberties questions 0 The case is af liated with political ideologies preferences of the justices The case has signi cant political or social interest Hearing and deciding the case 0 After years of preparation parties only are granted 30 minutes to present their arguments o oral arguments 0 Questions are asked from bench Closed conferences two times per week during times of oral arguments Writing opinions o justi es the court39s decision 0 Now the case has become a precedent for future cases on similar topics stare decisis quotlet the decision standquot JUDICIAL DECISIONS MUST FOLLOW THE LAWS OF PREVIOUS CASES Judicial Philosophy Original Intent and Ideology iudicial restraint courts should allow the decisions of other branches to stand even if it goes against personal preferences of a judge judicial activism judges should use their power more broadly to further jusUce 0 Le Roe v Wade liberalized abortion laws strict constructionism interpretation of the Constitution as it was originally written and as the Framers originally intended it o advocates ofjudicial restraint believe judges should practice this Public Opinion justices keep up with media in order to keep track of public opinion on larger issues 0 acts as a check on the power of the courts 0 Especially during times of social economic crisis 0 Public opinion is sometimes used when issuing rulings 0 Le Korematsu v US internment ofjapanese Italian and German American citizens declared unconstitutional during WWII 0 Le Furman v Georgia the way the state was administering death penalty was unconstitutional Policy Making 0 SC has power to overrule itself on previous unconstitutional case decisions 0 Le Brown v Board of Education overruled Plessy v Ferguson racial segregation now unconstitutional 0 Also on equal rights of women blacks gays lesbians amp other minorities civil rights issues 0 Shows authority of the court Implementing Court Decisions ludicial implementation how amp whether decisions are made into public policies quotHow well a decision is implemented often depends on how well crafted or popular it isquot Implementation involves an 1 Implementing population 2 Responsible for carrying out a decision ie teachers school administrators boards 3 Consumer population Those who may be directly affected by the decision ie teachers parents students To ensure effective implementation 1 Make sure implementing populations understands original decision 2 Make sure implementing population follows Court policy 3 Consumer population has to be aware of rights a decision grants denies them