Test 2 Flashcards

1
Q

Protestors

A

Occupy Wall Street

TEA party

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2
Q

Congress gets a bad rap — but is it deserved?

A

Congress is the most representative branch

Congress is the most accessible branch

Congress is the most deliberative branch

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3
Q

Diversity in congress

A

Is increasing

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4
Q

Diversity in congress is increasing

A

The most recent election was in Nov. 2016

The 115th congress will serve from 2017-2018

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5
Q

House: Constitution

A

Article I(2)

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6
Q

House: chosen by

A

People

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7
Q

House: term

A

2 years

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8
Q

House: minimum age

A

25

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9
Q

House: minimum length of citizenship

A

7 years

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10
Q

House: number of members

A

435 (by population)

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11
Q

Senate: Constitution

A

Article I(3)

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12
Q

Senate: chosen by

A

People (originally, state legislature - 17th amendment)

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13
Q

Senate: term

A

6 years (staggered)

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14
Q

Senate: minimum age

A

30

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15
Q

Senate: minimum length of citizenship

A

9 years

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16
Q

Senate: number of members

A

100 (2 per state)

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17
Q

Purpose between the differences of the House and the Senate

A

The House is intended to be the “immediate representatives of the people”

The House prevents the Senate from becoming an “aristocratic body”

The Senate provides stability as “a defense to the people against their own temporary errors and delusions”

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18
Q

Occupy Wall Street

A

Positive freedom (freedom to)

Protesting wealth, inequality

99% vs. 1%

Wanted the government to regulate Wall Street and redistribute money

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19
Q

TEA party

A

Negative freedom (freedom from)

Too much government spending, too much taxes

Waste

Regulation

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20
Q

House of Representatives - current representation

A

The current House is 55.4% Republican (241R/194D)

The House was majority Democrat prior to the Nov. 2012 elections

The balance of power tends to shift depending on the popularity of the President

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21
Q

House of Representatives - leadership

A

The current Speaker of the House is Paul Ryan, R-WI

The current House Minority Leader is Nancy Pelosi, D-CA

House leaders are assisted by “Whips” who help count votes and “whip up” support for bills

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22
Q

House of Representatives - committees

A

Today we have many specialized areas of law

It is impossible for every lawmaker to be an expert in every area

There are over 20 committees and over 100 sub-committees in the House

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23
Q

Representative re-apportioning

A

Every 10 years based on the U.S. census

States can lose or gain representatives based on population change

Louisiana lost a representative after the 2010 census (Hurricane Katrina)

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24
Q

Louisiana losing a representative

A

Louisiana re-drew its districts (2010)

The “majority minority” district (District 2) was preserved

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25
Q

Gerrymandering

A

The process of drawing districts based on political lines

A gerrymander can give a district a uniform voice (ex. Majority minority districts)

They also allow state legislatures to influence national elections

Louisiana’s 2nd district

Named after Governor Elbridge Gerry of Massachusetts in 1812

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26
Q

Louisiana’s 2nd District

A

Top 10 Gerrymander

Is the 2nd District a “safe” seat for minorities, giving them a unified voice?

Or does it “stack” the majority vote in one district…thereby diluting its power in the other districts

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27
Q

Number of Louisiana representatives in the House

A

6

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28
Q

Louisiana Representatives: District 1

A

Steve Scalise (R)

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29
Q

Louisiana Representatives: District 2

A

Cedric Richmond (D)

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30
Q

Louisiana Representatives: District 3

A

Clay Higgins (R)

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31
Q

Louisiana Representatives: District 4

A

Mike Johnson (R)

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32
Q

Louisiana Representatives: District 5

A

Ralph Abraham (R)

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33
Q

Louisiana Representatives: District 6

A

Garret Graves (R)

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34
Q

Senators - representation

A

Elections are staggered - 1/3 of the seats stand for election every 2 years

The current Senate is 52% Republican

The Senate was majority Democrat prior to the Nov. 2014 elections

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35
Q

Does Gerrymandering apply to the Senate?

A

No

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36
Q

Senate - leadership

A

The VP (currently Michael Pence) is the ceremonial leader of the Senate

Senate Majority Leader, Senate Minority Leader

Senate Leander’s are also assisted by “Whips”

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37
Q

Current Senate Minority Leader

A

Charles Schumer (D-NY)

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38
Q

Current Senate Majority Leader

A

Mitch McConnell (R-KY)

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39
Q

Senate - committee

A

Today we have many specialized areas of law

It is impossible for every lawmaker to be an expert in every area

There are approximately 17 committees and 70 sub-committees in the Senate

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40
Q

Louisiana has ___ Senators

A

2

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41
Q

Louisiana Senators

A

John Kennedy was elected in 2016

Dr. Bill Cassidy was elected n 2014

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42
Q

Incumbents

A

Have an advantage - it is harder to get elected than to get re-elected

Can use their office to help individual votes (constituency services)

Incumbents may be on influential committees and bring benefits to their home state

Incumbents get more media attention and P.R. Support

It is generally easier for incumbents to raise money for their election campaigns

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43
Q

It’s not easy to become a law

A

10,000 bills are proposed every year

BUT only a couple hundred become law

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44
Q

How bills become a law - House

A

Bill proposed in House

House subcommittee hearings

House committee hearings

House vote - limited debate —> senate subcommittee hearings

Joint Conference Committee

Final House vote

President signs or vetoes

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45
Q

How bill becomes a law - Senate

A

Bill proposed in Senate

Senate subcommittee hearings

Senate committee hearings

Senate vote - unlimited debate —> house subcommittee hearings

Joint Conference Committee

Final Senate vote

President signs or vetoes

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46
Q

President signs or vetoes

A

Veto can be overridden by 2/3 majority of both houses of Congress

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47
Q

Senate has a tradition of unlimited debate

A

Filibuster

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48
Q

Filibuster

A

One senator can delay the vote on a bill

Can be defeated by “cloture”, which forces a vote

The record is over 24 hours

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49
Q

Cloture

A

Usually requires a 3/5 majority vote (60 senators)

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50
Q

Many people criticize Congress for ____

A

Gridlock

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51
Q

Gridlock

A

Should we blame the “ideologically extreme” Republicans

But Wilson complained about gridlock 100 years ago!

Congress is the most representative and the most deliberative branch

Gridlock just means that the people are divided on an issue

Gridlock over the budget can be particularly frustrating

52
Q

Gridlock over the budget

A

“No money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law…And a regular Statement and Account of the Receipts and Expenditures of all public money shall be published from time to time.” —> Article I(9)

Therefore, under the Constitution, Congress must pass a law to spend money and publish a regular budget

53
Q

Federal budget for fiscal year 2017

A

4 trillion

This means there was a 700 billion deficit for this fiscal year

Revenue from taxes is estimated at 3.3 trillion

54
Q

The federal government’s fiscal year (FY)

A

Runs from October 1 to September 30

FY 2018 started on October 1, 2017

55
Q

Current federal debt

A

Over 20 trillion

Interest on the debt alone is 6% of the federal budget and increasing

56
Q

Most of the federal budget is redistributed through _____

A

“Mandatory” spending

57
Q

Mandatory spending

A

Social Security, Medicare and other entitlements

Does not go through annual appropriations

58
Q

Discretionary spending

A

Half goes to the military

This leaves approximately 16% to full all of the rest of the government

59
Q

Federal spending is a two-step process

A
  1. Create or authorize the program

2. Fund the program through annual appropriations

60
Q

Both the House and the Senate have ____

A

Appropriations Committees

61
Q

House and Senate Appropriations Committees

A

Each appropriations committee is broken into Sub-Committees

There are 12 Appropriations Sub-Committees in the House and the Senate

62
Q

Each Appropriations Sub-Committee

A

Is responsible for preparing an appropriations bill for its portion of the discretionary federal budget

63
Q

The annual budget

A

All 12 appropriations bills

Must be passed before the fiscal year begins

The President recommends his budget plan in February (not law)

Congress passes a budget resolution in April (not law)

All 12 appropriations bill should be passed between April and September 30

64
Q

When does the fiscal year begin

A

October 1

65
Q

Process of appropriations law

A

President’s recommendation (by Feb.) and Joint Budget Resolution (by April)

House, Senate

Joint Conference Committee

Final House vote, final Senate vote

President signs before the new fiscal year (Oct. 1)

66
Q

Process of appropriations law - House

A

12 Appropriations Subcommittees

Appropriations Committee

House vote

67
Q

Process of appropriations law - Senate

A

12 Appropriations Subcommittees

Appropriations Committee

Senate vote

68
Q

Government shutdown

A

If Congress does not pass a budget by Sept. 30

Impacts discretionary spending only

Impacts non-essential functions only

69
Q

Last government shutdown

A

October 1-16, 2013

70
Q

Avoid government shutdowns

A

Congress can use continuing resolutions and omnibus bills to avoid shut downs

A combination of CR and omnibus (CRomnibus) was used to avoid shut-down for FY 2015

71
Q

Continuing Resolution (CR)

A

An extension which temporarily continues the old budget

72
Q

Omnibus bill

A

Crams the 12 appropriations bills into one mega-bill

73
Q

FY 2018 appropriations bill

A

Running late again

74
Q

March 16, 2017

A

President trump made his budget proposal

75
Q

July 19, 2017

A

House passed a Budget Resolution

Senate did not pass a Budget resolution until October 2017

76
Q

Since July 19, 2017

A

The house pass 5 of 12 appropriations bills; the Senate passed 0

77
Q

September 2017 - March 2018

A

Congress passed 5 continuing resolutions (CRs)

78
Q

March 23, 2018

A

Congress passed an omnibus bill

79
Q

The founders gave Executive power to ____

A

ONE President

80
Q

The founders giving Executive power to ONE President

A

One person has more “energy” than multiple people

One person has more accountability than multiple people - the buck stops with the President

BUT the President’s powers were limited compared to a king’s

81
Q

Which article of the Constitution established the Presidency

A

Article II

82
Q

Terms to become President

A

Must be 35 years old

Must be a natural born citizen

4 year terms

Max 2 terms (22nd Amendment)

83
Q

How is the President elected

A

By the Electoral College system

84
Q

Electoral College system

A

Allows states to have a unified vote

Number of electoral college votes = members in Congress (Plus 3 for D.C.)

435+100+3 = 538

85
Q

Can the electoral college vote differ from the popular vote

A

Yes, though on rare occasions

86
Q

2016 election

A

Clinton received more total votes

Clinton: 65.8M (48.2%)
Trump: 63.0M (46.1%)

But Trump won the Electoral College and the Presidency

87
Q

The President holds significant ____

A

Executive powers

88
Q

Powers of the President

A

The President is our Head of State

The President has the power to sign Treaties with other countries

Binding treaties must be approved by 2/3 of the Senate

“Executive Agreements”

Holds the power to appoint Supreme Court justices and other officials (Article II(2))

Has power to make “Executive Orders”

89
Q

Executive Agreements

A

Somewhat less formal than treaties and do not require 2/3 approval of the Senate

90
Q

The President shares ___ with Congress

A

War powers

91
Q

The President and Congress - war

A

The president is our Commander in Chief (Article II(2))

But under the constitution, only Congress can declare war - Article I(8)

Congress has not specifically declared war since WWII

America nonetheless continues to deploy troops around the world

92
Q

President appointing Supreme Court justices and other officials

A

Appointments must be confirmed by a majority of the Senate

Supreme Court Justices serve for life

Thus, the President’s appointments can significantly outlast the President’s time in office

President Trump with Supreme Court Justic Neil Gorsuch

93
Q

Executive Orders

A

Not in the Constitution

Allow the President to take quick action without involving Congress

Generally accepted IF the executive order does not conflict with the Constitution or existing law

94
Q

2014 Obama taking executive action

A

Offers legal status to approximately 5 million undocumented immigrants

95
Q

The president can invoke ____ to keep certain conversations confidential

A

Executive privilege

96
Q

Executive privilege

A

A privileged communication is legally protected

Protects the communications between the president and certain advisors

The goal is to encourage honesty between the President and his advisors

97
Q

Checks and balances - President

A

President can veto a law passed by Congress

President appoints judges with Senate approval

98
Q

Checks and balances - Congress

A

Can override the president’s veto and impeach the President or his appointments

99
Q

Checks and balances - Supreme Court

A

Judges can declare the actions of the President or Congress unconstitutional

100
Q

The ____ makes it even harder to pass laws

A

Veto

101
Q

Veto and laws

A

“The injury which may possibly be down by defeating a few good laws…will be amply compensated by the advantage of preventing a number of bad ones…there would be no greater danger of [the President] not using his power when necessary, than of his using it too often, or too much

102
Q

Congress has power to ____ in a two step process

A

Remove the President

103
Q

Removing the President

A

First, the House issues the “Articles of Impeachment”

Second, the President must face trial before the Senate

Conviction requires 2/3 of the Senate

Only two Presidents have been impeached by the House, but no president have been convicted by the Senate

104
Q

The Cabinet

A

Made up of the Heads or “Secretaries” of federal government departments

Created by the Constitution Article (II(2))

Members are appointed by the President, subject to Senate approval

While Washington’s Cabinet was small, today’s Cabinet is much bigger

105
Q

EOP

A

Executive Office of the President

Provides advice and support to the President

Established by FDR in 1939

Composed of the President’s closest policy advisors

NOT heads of government departments and they are NOT confined by the Senate

106
Q

Most of the federal government is _____

A

Bureaucracy

107
Q

The Bureaucracy in ____

A

Your Life

108
Q

Most of the federal government is ____

A

Bureaucracy

109
Q

The Bureacracy

A

Part of the Executive Branch, but it exercises powers delegated by Congress

It writes regulations

It investigates violations

It decides fines and penalties in particular cases

Very active and has very few checks and balances

110
Q

Today, the federal government is involved in every aspect of our lives

A

Federal agencies passed 80,000 pages of regulations just in 2013

There are over 3 million federal government workers

Almost half the population receives some form of government benefits

111
Q

Federal Bureaucracy: Goal

A

Implement policy

112
Q

Federal Bureaucracy

A

Don’t face competition

Slower feedback through elections and lawsuits

Slow and rigid structure

Difficult to fire even bad workers

Funded by involuntary taxpayers

113
Q

Private business: goal

A

Make a profit

114
Q

Private business

A

Face competition

Immediate feedback through free market

Flexible structure

Have ability to fire workers

Funded by voluntary investors and customers

115
Q

There are multiple federal agencies that regulate the workplace

A

Department of Labor

Equal employment opportunity commission

Federal agencies also regulate workplace safety, union rights, special rules for government contracts, unemployment benefits, etc.

All these regulations can be confusing and costly for small (and large!) businesses

116
Q

Department of Labor

A

Regulates work conditions, including wages and hours

Contains many sub-agencies (Wage and Hour Division)

There is a strong emphasis on employee protection over flexibility

117
Q

Equal employment opportunity commission (EEOC)

A

Enforces anti-discrimination laws in the workplace

Issues press releases from its newsroom

Current enforcement priorities include accommodation of transgender individuals and accommodation of service animals

The rights of employers and dissenters are ignored

118
Q

Wage and Hour Division

A

Regulates wages and hours of work

119
Q

Food and Drug Administration (FDA)

A

Heavily regulates food and drugs

Requires drug commercials to include side effects

120
Q

How do you include side effects on social media, in real time, with limited space?

A

Drug companies have asked the FDA for guidance on the use of social media for year. To date, only “draft guidance” has been published

Bureaucracy can be very slow to keep up with new technology

121
Q

Congress has made some attempt to …

A

Regulate the regulators

122
Q

Congress - “regulate the regulators”

A

Freedom of information act

Administrative procedure act

Sunshine act

Some politicians are calling for elimination of some bureaucratic agencies

123
Q

Freedom of Information Act

A

FOIA

Requires federal agencies to produce documents if requested

124
Q

Administrative Procedure Actq

A

Requires federal agencies to give notice of proposed regulations and solicit public opinion

125
Q

Sunshine Act

A

Requires federal agencies to open their meetings to the public, unless an exception applies

126
Q

Have we traded too much freedom for (the illusion of) security

A

The government should enforce certain standards of safety, quality, and justice

But once a bureaucracy is created, it can easily become overly powerful and overly intrusive

Excruciatingly detailed regulations can take the place of freedom and common sense

Under a bureaucratic state, people can be harshly punished for violating rules they didn’t know existed and doing things that caused no harm