First Half Flashcards
Pass midterm (295 cards)
1
Q
What was designed to be the center of the US constitutional order?
A
Congress
2
Q
What factors make Congress central to the Constitutional order?
A
-Expresses the collective will of the people
- Only institution that can check the president’s power and ambition
- Primary institutional site that aggregates, represents, and structures the diverse interests of society.
3
Q
How can we understand what happens in Congress and what it does?
A
- Contextual Description: Describing specific cases and events.
-Generalizable Theory: Developing theories that explain and predict congressional behavior.
4
Q
A
5
Q
What is the first assumption of spatial theories of voting?
A
A legislature with members present voluntarily and willing to abide by majority decisions.
6
Q
What is the second assumption of spatial theories of voting?
A
Policy questions are handled one at a time and all proposals will get a vote.
7
Q
What is the third assumption of spatial theories of voting?
A
Legislature deals with issues that can be described spatially.
8
Q
What does it mean for issues to be described spatially in voting theories?
A
Issues can be described as more or less relative to a status quo.
9
Q
What is the fourth assumption of spatial theories of voting?
A
Members have preferred policy outcomes characterized by ideal points.
10
Q
What type of utility curves do members have in spatial theories of voting?
A
Single-peaked and symmetrical utility curves.
11
Q
What does a single-peaked utility curve mean?
A
For any given policy, members have only one ideal point (ie., they have only one preferred policy outcome)
12
Q
What happens to utility in a single peak curve as the policy moves further from the ideal point?
A
it declines
13
Q
What does a symmetrical utility curve mean?
A
Members’ utility declines at an equal rate the further a policy gets from its ideal point, regardless of direction.
14
Q
what is the status quo?
A
gov as it is right now/ state of the world rn
15
Q
what is the median voter theorem?
A
in a one-dimensional vote, the policy preferred by the median voter will win because it has majority support
16
Q
who is the median voter?
A
the person whose preference lies in the middle of all voters’ preferences
17
Q
What are the key assumptions of the Median Voter Theorem?
A
- All voters’ preferences lie along a single dimension (like low to high minimum wage).
- Each voter prefers policies closest to their ideal point.
- Simple majority rule is used to decide the outcome
18
Q
What happens when politics involve more than one dimension?
A
With two or more issues, there is no single “median voter” whose preference is guaranteed to win.
Voters’ preferences lie in a two-dimensional space, making stable majorities harder to form
19
Q
What is the Chaos Theorem?
A
In multi-dimensional voting, no stable majority exists.
Any policy can be beaten by another policy through majority voting, leading to constant cycling of outcomes.
20
Q
what is germaneness?
A
Amendments must be relevant to the original bill.
21
Q
Why can legislative rules help prevent chaos in multi-dimensional politics?
A
- Rules like germaneness ensure that amendments are relevant to the bill.
- Rules dictate the order in which amendments and proposals are voted on.
- Only legislators who voted against a bill can request reconsideration, reducing endless cycling.
22
Q
What are the three key questions to ask when analyzing legislative behavior?
A
- What are members’ preferences? (Find the median voter or pivotal player)
- Where is the status quo? (Compare proposed policies to current policy)
- What are the legislative rules? (Determine who can introduce amendments, vote order, and vote thresholds)
23
Q
Why is the order of voting important in two-dimensional politics?
A
Changing the order of votes can change the final outcome.
Example: The Powell Amendment combined education funding with desegregation, causing a previously winning coalition to break apart.
24
Q
How do legislators’ preferences influence voting outcomes?
A
Preferences can come from personal beliefs, ideology, reelection goals, and constituents’ opinions.
Legislators vote for policies closest to their ideal point.
25
How does ideology influence preferences?
can reduce multiple issues to a single dimension
## Footnote
if someone supports increasing min wage, then favor labor unions bc ideologically support workers rights
26
where do the rules come from?
the Constitution
-they're endogenous
27
what do congressional rules being endogenous mean?
they are written by the people they constrain
28
does the median voter theorem logic apply to votes on congressional rules?
yes
29
What was the model for America's Constitution?
England's Constitution
30
what features of the American constitution were influenced by England's?
- Divided powers: Executive vs. Legislative (Lords and Commons).
- Courts were becoming independent from the executive.
- Intended to balance power across social classes.
- The executive and legislature were increasingly fused (e.g., Prime Minister as a legislative member).
- American settlers were influenced by the Glorious Revolution of 1688, which limited monarchical power and strengthened Parliament.
31
why did the former colonists establish a government so similar to England's?
1. experimented with other forms of gov at the state and national level but Elites deemed these failures so they went back to the British way
2. While formally similar, the U.S. Constitution introduced key differences to reflect American interests and challenges.
32
did the Articles of Confederation work?
no
33
under the Articles of Confederation, what was representation based off of?
different states
## Footnote
not on social class
34
What was a key feature of the Articles of Confederation regarding the executive branch?
No president or monarch
## Footnote
This indicates a deliberate choice to avoid centralized executive power.
35
What type of legislature was established under the Articles of Confederation?
Unicameral legislature with no second chamber
## Footnote
This structure limited the complexity and checks on legislative power.
36
What was the voting procedure in the Confederation Congress?
Delegates voted as a unit; a tie resulted in no vote
## Footnote
This created difficulties in decision-making.
37
What majority was typically required for most legislation in the Confederation Congress?
Supermajorities
## Footnote
This requirement made it challenging to pass legislation.
38
What was a significant institutional weakness of the Congress under the Articles of Confederation?
Congress could authorize spending and revenue but relied on states to raise and deliver funds
## Footnote
This reliance on states created financial instability.
39
What authority did Congress lack in resolving conflicts?
No authority to resolve conflicts between Congress and states
## Footnote
This lack of authority undermined the effectiveness of the central government.
40
Where did real sovereignty reside under the Articles of Confederation?
In the states
## Footnote
This structure reflected a preference for state power over a central authority.
41
How were judges appointed under the Articles of Confederation?
Judges served during 'good behavior' but were easily removed by legislatures
## Footnote
This arrangement led to a lack of judicial independence.
42
Were state or national legislatures more democratic? Example?
States! Most repealed property qualifications for voting
## Footnote
This change made legislatures more democratic.
43
In which locations were state legislatures typically situated?
Major cities
## Footnote
This proximity allowed for greater public scrutiny of legislative actions.
44
what were the 2 innovative features of the US Constitution of 1787?
1. separated institutions sharing powers
2. fragmented popular sovereignty
45
what was the founders' dilemma?
How to create a government that:
-Is strong enough to protect elite interests.
-Has enough public support to avoid constant repression.
-Cannot be turned against elite interests.
## Footnote
Faced challenge of balancing popular sovereignty (to avoid revolt) while limiting the people's influence on government actions
46
What are the three separate institutions established by the US Constitution of 1787?
* Congress
* Supreme Court
* President
## Footnote
These institutions are designed to share powers and responsibilities in the governance of the United States.
47
What is the primary responsibility of Congress as outlined in the US Constitution?
To provide for the common Defence and general Welfare.
## Footnote
Congress has broad and exclusive authority in limited areas, along with the necessary and proper power to legislate.
48
What power does the Supreme Court hold according to the US Constitution?
To defend property and create a national market.
## Footnote
This includes upholding the supremacy of US laws in areas of commerce.
49
What role does the President play in relation to rebellions according to the US Constitution?
The President can put down rebellions.
## Footnote
This is part of enforcing national policy and protecting merchant investments and trade abroad.
50
Fill in the blank: The US Constitution of 1787 established three separate institutions: Congress, the Supreme Court, and the _______.
President
## Footnote
These institutions are designed to separate powers within the federal government.
51
True or False: Congress has the authority to legislate in all areas without limitations.
False
## Footnote
Congress has broad authority but is limited to specific areas defined by the Constitution.
52
# Separated institutions sharing powers
True or False: Congress has all legislative powers but the President's signature is not needed for legislation to pass.
FALSE
## Footnote
Article I states that the President's signature is needed for legislation to pass
53
Per Article II of the Constitution, what is Congress' role in the system of checks and balances?
Congress controls the bureaucracy.
## Footnote
Meaning it controls the funding and organization of the various federal agencies and departments responsible for implementing and administering federal laws (i.e. bureaucracy)
54
Per Article II of the Constitution, what is the Senate's role in the system of checks and balances?
The Senate Advises and Consents
## Footnote
Must approve specific Presidential actions or not executed
55
What does Article II of the Constitution establish?
The executive branch: gives the President the power to enforce laws, command the military, and conduct foreign policy
## Footnote
not absolute power
56
Per Article III of the Constitution, what holds the judicial power of the US?
Supreme Court, but Congress has the authority to make lower federal courts
57
Per Article III, how does Congress influence the judicial system?
Congress determines the number of justices on the Supreme Court. Senate must approve justices.
It establishes lower courts and controls their jurisdiction.
It has the power to remove judges through impeachment.
58
What is the role of the Supreme Court under Article III?
- authority over constitutional interpretation and federal law.
- the final arbiter in disputes between states and federal government.
- reviews laws to determine their constitutionality.
59
What did Congress try to enforce in the 20th century in relation to separation of powers?
Interbranch no fly zones
## Footnote
recognized that potentially the executive could overreach and legislative retaliation
60
What is an interbranch no fly zone?
limits placed on one branch of government’s ability to interfere with the operations of another branch
## Footnote
so branches don't undermine eachother
61
Per Interbranch No Fly Zones, how are Congress members under investigation protected?
Members of Congress under criminal investigation must be notified in advance before search warrants are executed against them
| not equivalent to judicial immunity
## Footnote
Prevents the executive branch (through law enforcement agencies like the DOJ or FBI) from harassing or intimidating legislators.
62
Per Interbranch No Fly Zones, how is the president protected from Congressional oversight?
Presidents can invoke executive privilege to withhold documents or refuse to testify before Congress.
| must be balanced against legitimate congressional investigations
## Footnote
Ensures that sensitive national security information, internal executive branch discussions, and presidential decision-making are protected from unnecessary exposure.
63
How is Congressional jurisdiction limited by Interbranch No Fly Zones?
Congress has limited authority to remove jurisdiction from federal courts on specific issues.
64
Prof. Bateman argued that we should NOT think about the constitutional order as a “separation of powers” but as what?
Separate Institutions Sharing Power
65
What are the consequences of separated institutions sharing power?
- many veto points
- status quo and conservative bias in US institutions
- conflict within/between institutions expected and desired
66
how was Congress kept from holding too much power despite it being the center of the Constitutional order?
Fragmented Popular Sovereignty: You divide the House and the Senate, you compose them by different names from different people with different terms.
It makes it hard for the Congress to do something quickly or do anything at all. And reduces the potential threat of being an especially powerful body.
also created a strong national government on many issues where there's going to be a consensus in the House and the Senate but a very very weak national government if there wasn't that level of consensus.
67
What does it mean that popular sovereignty in the US is fragmented?
no single institution or branch fully represents the will of the people.
Instead, power is distributed across multiple levels of government, institutions, and election cycles.
68
How does the House of Representatives reflect popular sovereingty?
Displays short-term public opinion
## Footnote
bc elected every 2 years
69
What is an example of fragmented popular sovereingty?
- The electoral college
## Footnote
college elected, then they select a candidate; no cohesive national electorate
70
True or False: There has never been a point in American politics where the electorate represented all enfrachised people.
True
## Footnote
Bc of fragmented popular sovereingty
71
True or False: The Constitution of 1787 worked.
False
## Footnote
it never did.
72
What is a veto point?
somebody whose consent is required in order for something to happen.
73
What is needed to amend the Constitution?
Senate: supermajority (2/3)
House: 3/4 vote
74
what is a status quo bias?
the process set up to make it harder to pass legislation than to defeat legislation
75
True or False: It is easier for something to happen rather than nothing to happen.
False
## Footnote
Due to status quo bias, more likely that nothing happens than something
76
what is a "conservative bias?"
inclined to get less rather than more change
77
Under a conservative bias, whose preferences are represented when legislation does pass?
the more conservative chamber; will stay closer to the status quo than what a majority in one chamber prefers
| separated institutions share power
## Footnote
must go to House, Senate, President, and Supreme Court before can pass
78
what are the enduring consequences of fragmented popular sovereingty?
1. few, if any, durable mandates (collective authority)
2. changes in public opinion filter through different institutions at differing speeds
3. representation means different things across institutions
79
how do public opinions and representation filter through the House?
2 year cycles; members are always looking to get re-elected
80
how do public opinions and representation filter through the Senate?
every 6 years, but 1/3 re-elected every 2 years; less attentive to re-election
81
how do public opinions and representation filter through the President?
4 years; only care about swing states;
1st term: mindful of re-election
2nd term: focused on legacy
82
How does Congress practice and allocate influence (initiation, deliberation, and veto power)?
1. Individual members on chamber floor
2. Committees
3. Party Leadership
83
How is influence allocated to individual members on the chamber floor?
All individuals can present their legislation. Deliberation occurs in full chamber. Everyone listening and debating and have equal say on an issue. All members are able to amend legislation.
## Footnote
Widely dispersed influence: individual members and thus to a majority of the chamber
84
Who is responsible for initiating and drafting most legislature?
Committees
85
How is influence allocated to committees?
The chamber defers to committees; influence concentrated in specialized bodies and committee members primarily influencial in their areas of specialization
86
True or False: Many times the rules are written so that only non-committee members are able to offer amendments in the first place.
FALSE
## Footnote
only committee members; non-members can only vote yes/no on final proposals or ammendments reccomended by the comittee
87
true or false: Party leaders and outside allies intiate and design legislation.
True
88
Who in the party decides what issues get a vote and what amendments are allowed?
Party leadership
89
Who is responsible for moving bills through the legislative process?
party leadership
## Footnote
party leaders strategic and introduce legislature that they know their party agress on and will pass
90
How is influence allocated to party leadership?
Bc leadership is representing the majority party, influence is centralized
91
How can you categorize the dominant figures in Congree throughout American history?
individually dominant, committee dominant, party dominant
92
what are the two types of relationships in interbranch relations?
Cooperative and conflictual
93
What is a cooperative relationship?
branches work together with common purpose
94
What is a conflictual relationship?
branches regularly contest each other's authority; look to establish their own authority over the others
95
what is deferential authority?
respect each other's authority and broadly agree about its scope
96
what is competitive authority?
each branch asserts pre-eminent role
## Footnote
fighting eachother to claim authrority over a particular area
97
what is subordinate authority?
when one branch lacks the capacity to act autonomously?
98
why might a branch be subordinate, or cannot contest each others' claims to authority?
it lacks necessary resources or some degree of will
99
How is internal organization of the House measured?
highly centralized in party leadership
## Footnote
committees; party leadership designs most policy
100
How is internal organization of the Senate measured?
less centralized than in House (but more than previous
Senates); more individual initiative and control by chamber floor
101
who has more power: an individual senator or an individual member of the House?
Senator
## Footnote
Because of the rules that give power to individual senators
102
What has shaped interbranch relations?
by heightened partisanship and declining congressional capacity
103
True or False: The interbranch relations are cooperative and collaborative under divided government.
False: conflictual and competitive under a divided government
## Footnote
since 1970 very compeitive/conflicting
104
When are the congressional chambers deferential?
when they're the same party as the President or the Supreme court
## Footnote
applies more in some policy areas
105
True or false: Congress has become subordinate to other branches over time.
True
## Footnote
Supreme Court decisions have reduced Congress' capacity to act on its own and need support of the President to act
106
What are the three main factors that explain Congressional development?
1. What do members want?
2. what are members asked to do?
3. what is the political and partisan context they operate in?
## Footnote
1. important bc institutions are a reflection of its members goals
2. what external issues are there
3. are the parties nationally competitive? do parties have
programmatic differences (ie., what do they want/policy priorities)? ; is unified or divided government more common?
107
what are external issues that affect congressional development?
war, industrialization, financial capitalism, global empire,
techonological changes
changing expectations of national regulations and rights
definitions/protections
108
what does internal organization reflect?
what members want
109
What is a standing committee?
(relatively) Permanent committee
110
what is a benefit of committee specialization ?
people start to get an understanding of how something works
## Footnote
Knowledge became critical to sort of checking the growth of the executive branch.
111
who is the president of the Senate?
Vice President
112
Do Senators trust the Vice President?
No, because not chosen in same way as senators; has
different incentives, more aligned with executive
113
In times of crisis, what happens to the interbranch power structures?
Congress expands the size of the federal government, empowers the executive branch, and then, rather than taking that power back, tries to build up its own countervailing authority so they develop expertise to shape legislation to control expenditures and budgets over the executive. Congress rationalizes committee jurisdictions, reducing the number of overlap.
## Footnote
this pattern started in the Progressive era
114
Why were political parties invented?
To concentrate power, help politicians win elections, and coordinate collective action.
115
what does it mean if a party is strong?
They are able to set an agenda in Congress.
## Footnote
if party leadership doesn't approve, nothing gets done
116
what are congressional party leaders' main responsibility?
to coordinate what happens in the chamber to the advantage of their caucus
117
what is required to have control over proceedings?
to have the support of the median member
118
how does positive party influence affect the purpose of which the influence is exercised?
party leaders pass legislation even though a majority in favor of the status quo
OR
persuade members to vote differently than they otherwise would
119
how does negative party influence affect the purpose of which the influence is exercised?
party leaders are able to preserve the status quo despite a majority in favor of change
120
True or False: it is easier to get people to go against their interests than preserving the status quo.
False
## Footnote
it is harder to accomplish positive party influence than negative
121
What is direct party influence?
When party leaders directly persuade or pressure members to vote a certain way.
## Footnote
Individualized rewards, punishments, and appeals intended to induce
a legislator to behave dierently
122
What is indirect party influence?
All non-personal or non-direct forms of influence
Parties change the context in which members make their own independent decision
123
what is the most prevalent type of influence?
indirect/negative influence
124
what is the craziest type of influence?
direct/positive
125
What resources do party leaders have try to exercise different types of influence?
chamber offices and their perks and powers
126
what is the power of the Speaker of the House?
Scheduling
127
why is scheduling such an important tool?
decide what legislation is up, what isn't up, and what will NEVER be up
128
Which of our four types of influence is the Speaker controlling the schedule?
Negative and indirect party influence.
## Footnote
Majority party uses scheduling and agenda control to keep
proposals that would otherwise pass because supported by median
member from being considered.
129
What is the Majority Leader’s role in the House?
Manages daily legislative operations and coordinates party strategy.
130
What is the Minority Leader’s function?
Acts as the spokesperson for the opposition party and defends minority party interests.
131
What is the Rules Committee in the House of Representatives?
A committee that controls which bills go to the floor and under what conditions.
132
Why is the Rules Committee important for the majority party?
| 'The Speaker's Committee'
It allows the majority party/Speaker to control the legislative agenda and block opposition bills.
## Footnote
maintain control of House Floor; this is how speaker sets agenda
133
what does the rules committee do?
- determines if and when a bill is brought up
- if and which amendments will be allowed
- re-write the whole bill
- " as long as a majority of the House is willing to vote for a special rule, there is little the Rules Committee cannot do"
134
when does "suspension of the rules" occur? what's needed?
The only other way you can take things off the calendar without the support of the Rules Committee; requires 2/3 vote
135
what does Vice President do in the Senate?
casts tie breaking votes
## Footnote
appointed in Constitution
136
True or False: Minority party leadership is irrelevant in the Senate.
False
## Footnote
party leadership has to work together to make things work
137
True or False: Every bill is filibustered in the Senate.
True
## Footnote
since the 1990s
138
How is a schedule set in the Senate?
Party leaders work together to create a schedule that is convenient to their respective caucuses
139
What are the critical differences between the House and Senate?
in the senate:
1. anyone can object to considering anything out of order
2. filibuster makes it difficult to know when an issue will come up
3. no germaneness requirement for amendments, so any issue can be introduced as an amendment
4. No body equivalent to House Rules Committee
5. Most business conducted through unanimous consent agreements
140
What is a unanimous consent agreement in the Senate?
A negotiated agreement that sets terms for debating a bill, requiring no objections from any senator.
141
What does a unanimous consent agreement do?
1. Provides members and leaders of both parties with more predictable schedules
2. Operate similar to resolutions to Special Rules in the House
3. But House rules need a simple majority to passUCAs require that no individual senator object
142
What are the implications for party agenda control in the Senate?
Dicult for party leaders to keep issues o the agenda if members seriously want to consider it.
143
What acts favor individual senators and weakens party cohesiveness?
The ability of Senators to attach bills as non-germane amendments, or to demand issues be brought up by withholding unanimous consent
144
True or False: If a senator puts their hand up and then a party leader seeks recognition; the first person who puts up their hand gets called on by the presiding officer.
False: the party leader has the right of first recognition
| if no party leader, than first person to raise hand gets called on first
## Footnote
can be very powerful
145
What can party leaders use the right of recognition to "fill"?
the ammendment tree
146
What does "filling the ammendment tree" mean?
A standard sequence in which ammendments considered; to avoid manipulations of voting order
147
What ammendments have to be dealt with first in the ammendment tree?
Any committee amendments
148
What is a second degree/substitute amendment?
An amendment to an amendment
## Footnote
a branch on a branch
149
What has precendence over a 1st degree amendment?
a second degree amendment
150
what is a perfecting amendment?
an amendment that modifies an existing bill without fundamentally changing its intent or purpose
## Footnote
ex) adding commas, fixing grammar
151
what has precedence over substitute amendments?
perfecting amendments
152
what is the "trunk" of the amendment tree?
the text of the original bill
153
what is the purpose of the "amendment tree" in terms of choice?
to allow people to make democratic, sincere choices
## Footnote
not held down by things that are irrelevant things
154
why is the tree important for political influence and power?
Shows how party leadership can exert their power.
## Footnote
ex) the Senate majority leader can introduce the substitute, the perfecting amendment, the next amendment, a substitute for that amendment, the perfecting on that amendment, Essentiallt taking up all the possible space.
155
True or False: Once the amendment tree is full, nothing more can be added.
True
156
What does the right of first recognition allow party leaders to do?
if they push their power that far and fill up amendment tree, can block non-germane amendments.
157
If the party leadership filing the amendment tree is a rarity, why is that?
bc the majority party induces compliance by the threat of being able to block out the minority party if they push their vote
## Footnote
i.e. The minority party complies because they know that the majority could do fill up the tree, so don't propose amendments that wuld be problematic for the majority.
158
What type of party influence does the "right of first recognition"/setting the agenda use?
some level of negative and indirect
159
How can positive and direct party influence be exercised in either chamber?
Whips!
160
what do whips do?
provide party members with scheduling info and take their "vibes/temperature" regarding legislation
- count; approach their assigned colleague and check appropriate box on the card reflecting a lawmakers intentions
## Footnote
relay info between party leaders and members
161
how do parties enforce direct party influence?
- appeal to party loyalty and identity
- incentivize through material and professional rewards
- leaders' persuasiveness and savvy
162
what type of influence is tapping into partisan identity?
positive, indirect influence
## Footnote
Leaders can try to reinforce in-group solidarity. If president takes a public opinion,
163
True or False: If a president or presidential candidtae takes a public opinion thats not associated with the party values, other party members are NOT pressured to also take that position.
False; peolple think this is a party position and will stick to it for solidarity
## Footnote
this is a form of positive, indirect influence
164
What are some examples of party leadership influencing with material or professional rewards?
- Committee Assignments
- Committee Chairmanships
- Fundraising and local assistance
- Leader persuasiveness and savvy
## Footnote
promise you something better if you deliver something that you otherwise wouldn't control;
can send money to your district
165
Who chooses the party leadership?
1. whole chamber votes on speaker; whoever gets a majority wins
2. each party meets before and chooses a nominee (critical step in majority party cartelizing the chamber organization)
3. Most other officers are chosen by the caucus
166
What is the criteria for a good leader?
- Not too associated with any intra-party faction
- Need to be willing to invest in the party brand
- Need to be able to protect the marginal members needed for majority
## Footnote
act as brokers; members need to trust them; can't just look out for themselves; leaders have to generate money
167
what is a non-median outcome?
policy that is different than what
would happen without parties
168
What is the baseline when thinking about parties, committees, and most of what happens in Congress?
Majoritarianism
| i.e. median member theorem
169
what do both the 2 major theories of party influence (conditional party government & party cartel theory) argue?
1. there is an exchange between the median member and the party leadership
2. the party solves a collective action problem for the median member
170
In the conditional party government theory, what does the median member give up?
- party has control of the agenda, including all the power of the Rules Committee
- Party given additional resources that gove control over committee assignments that can be used to pressure members, including the median member
171
In the conditional party government theory, what does the median member get in return?
greater predictability over the agenda
- they know when things will be brought up and that the things THEY want will be brought up first.
172
What is the basic problem under the Conditional Party Government theory?
too much to do, too little time
## Footnote
over 10,000 bills are introduced in EACH congress
173
In the conditional party government theory, when does "party government" occur?
- When the rules favor the authorization of a center actor to prioritize certain items
## Footnote
when parties are polarized from each other but internally homogeneous.
174
Under which conditions, does the conditional party government theory grant authority to parties?
Median members only empower party leaders when:
1. the party is internally homogenous
2. two parties are polarized
175
why does internal homogeneity lower the cost of giving up influence?
median member is willing to trust thw central authority
## Footnote
think like them, want the same things as them
176
why does polarization raise the cost of decentralizing influence?
makes it riskier to give others control over decision making because you are less likely to trust their priorities.
177
What is the party cartel theory?
the majority party is a procedural cartel;
- majority party takes control over all the bodies that set rules or internal amendments, and then uses those in the interest of the party.
178
In the Party Cartel Theory, what does the median member give up
1. party monopolizes (like a cartel) the major offices with agenda-setting power
2. BUT, party leaders use this to block issues that would divide the party
179
True or False: The Party Cartel Theory is an unconditional power.
True
## Footnote
It is NOT dependent on homogeneity or polarization
180
What kind of influence is administered when the Party Cartel Theory is utilized?
Negative and indirect influence through agenda control
181
In the Party Cartel Theory, what does the median member get in return?
1. the party leadership solves problem of under-investment in party brand
2. party leadership might also reward them with more campaign contributions
## Footnote
1. members' chances of getting re-elected impacted by party brand. Let majority do the work to fix "free loader problem"/protecting the brand so party appears able to govern
182
what is negative agenda control?
a party’s ability to block legislation that it opposes or that could divide its members by controlling what does not get debated or voted on
183
What is the key takeaway of the Party Cartel Theory?
there is always party government in Congress, in the form of negative agenda control.
184
In the conditional party government theory, who acts as the organization that prioritizes items on the agenda?
- when the parties are internally homogeneous and polarized, its the party leadership
- otherwise, org is committees
185
True or False: In Party Cartel theory, someone needs to look out for the party brand.
True
186
In party cartel theory, the majority always gives what to the Speaker and a handful of other people?
negative agenda control
187
If the party is homogenous and there is party polarization, what can occur under the party control theory?
might give direct influence and greater ability to advance, not just block legislation as well.
188
what is the purpose of a select or special committee?
to engage in investigations, engage in oversight, engage in making political credit or decision making.
| not to legislate
## Footnote
permanent and ad hoc
189
What does a standing committee do?
Permamnent committees in which the majority of their activity is oriented towards the writing of new laws, and review existing laws
## Footnote
legislative but do have investigations and oversight
190
what does a subcommittee do?
permanent committee that induce specialization and greater member involvement
- make area of interest more manageable
## Footnote
legislative
191
What do joint committees do?
Span both chambers for issues Congress wants a unified voice on.
Non-legislative; meant to ensure that the intellegence branches are opperating according to law
192
What is the purpose of Committee of the Whole (COW)?
Allows rules to be simplified; allows you to do things more quickly in quorum of only 100 members
## Footnote
ad hoc
193
what does the Conference Committee do?
members of the House and the Senate come and reconcile their differences and come up with a report and then send back to each chamber so that they can pass the same, identical law in the same form.
## Footnote
both chambers/ ad hoc/ legislative
194
what do party committees do?
Arm of the caucus meant to help the party coordinate its internal affairs
195
True or False: The majority and minority party negotiate how many from each group is allocated to a committee?
True
## Footnote
If more people from majority on one committee that means lose influence in some other field
196
True or False: Members have to ask their party leader to be given certain assignments.
true
197
Who decides on committee assignments?
Respective steering committees or committees on committees
## Footnote
one such committee for each party in each chamber (4 total)
198
How does the Republican Steering Committee in the House make assignments?
Create a single list of appointments that need to be approved by the caucus
199
How does the Democratic Steering Committee in the House make assignments?
Create a list for EACH committee, then the caucus votes on them one at a time
200
Who appoints members to the Rules, House Administration, Ethics and Permanent Select INtellegence Committees?
Party Leadership
201
How does the Republican Steering Committee in the Senate make assignments?
They don't. The Chair of the republican conference creates a committee of 3-5 members to make assignments
202
How does the Democratic Steering Committee in the Senate make assignments?
Party leader assigns members to Democratic Steering Committee
caucus chooses the size of committee
203
What is the Johnson Rule?
all party members must be assigned one major
committee before any member receives a second major committee
204
How many "Super A" committees can senators serve on?
no more than 1
205
How many "A" committees can senators serve on?
no more than 2
206
How many "B" committees can senators serve on?
1
207
How many "C" committees can senators serve on?
any number
208
What are the Powers of the Chair?
- Scheduling hearings and set the agenda
- Hiring and firing staff, allocate committee funds
- Chair hearings and markup (review, amend, and rewrite proposed legislation before goes to full chamber) session
- Recommend members for conference committees
- Selects subcommittee chairs
209
what are some constraints on the Chair?
- seniority not guaranteed
- Senate committees cant have 2 senators from the same state
- Senators can only be chair of one committee
- The chair's power relies on the majority of the committee suporting them
210
True or False: Republicans can demand secret ballots on chairs (and other committee members)
False: Democrats can
## Footnote
due to democratic caucus rules that give dems more input on leadership positions
211
In the 1990s, what did the GOP limit the House and Senate chair terms to?
6 years
212
In Congressional Committees, where do most of the ideas and work come from?
Staffers
## Footnote
Often young and ambitious, fresh out of college or professional school.
Play a key role in policy development and committee operations.
213
What are the components of agenda setting?
1. can an item be considered
2. when can item be considered
3. once an item is being considered, who can speak and on what topics? Who can introduce amendments and on what topics?
## Footnote
Majority party leadership control full agenda
214
What does setting the floor agenda enable the majority party to do?
Block ammendments
215
True or False: Through floor agenda setting by the majority party, the median voter gets to "improve" the bill to their ideal point.
False: median voter doesn't get to do this because the majority party blocked amendment from reaching the floor
216
What is gatekeeping?
When comittee proposes no bill because it would rather maintain the status quo than propose a bill that the chamber median will amend
217
What are Committees' Process Rights?
- Jurisdictional rights
- First proposal rights
- Gatekeeping rights
- Limited post hoc gatekeeping rights
218
What are jurisdictional rights?
bills are sent to committee(s) with jurisdiction, before being considered by the chamber
219
What are first proposal rights?
committees decide whether to consider a bill and whether to amend it
220
A committee decides whether to report a bill to the chamber
## Footnote
if they don't, it's hard for individual representatives to bring up a bill in the chamber
Gatekeeping Rights
221
Define: committee chair has right to appoint members to bicameral conference committee membership
| final conference reports can't be amended must vote to approve or reject
Limited post hoc gatekeeping rights
222
why are comittees gatekeepers and not floor agenda setters?
special rules (House)/unanimous consent (senate) (ie., majority party) can grants committee members privileged role in debate, but not guaranteed
▶ . . . determines when and if a bill is considered
▶ . . . and what amendments can be considered
## Footnote
essentially committees are subjects of the majority party in each chamber
223
what is a logroll?
a practice in which legislators agree to vote for a proposal they would vote against or are indifferent
towards in exchange for support for policies they care more about
224
What kind of theories argue that the rules and organization of committees in Congress facilitate logrolling, they exist in order to secure gains
from trade ?
Distributive
225
How do exclusive jurisdictions and control over conference committees help secure logrolling agreements?
Exclusive jurisdictions allow committees to control specific policy areas, ensuring that legislators can trade votes by packaging policies together. Control over conference committees ensures that negotiated agreements remain intact, as final reports cannot be amended by the full chamber.
226
Why does the floor often defer to committees under the distributive theory of committees?
The floor defers to committees because legislators rely on logrolling agreements to advance their own priorities. Committees, composed of "high-demanders," ensure policies benefiting specific interest groups pass, even without broad majority support, preserving the integrity of policy trades.
227
What's to stop one side from reneging on the deal, once their own policy is passed?
Gatekeeping with exclusive jurisdiction.
228
what are two ways committees utilize jurisdictional gatekeeping?
1. institutionalize trade by putting both issues on same committee
2. institutionalize trade by putting supporters on dierent committees
229
What are most committees composed of as a result of the distributive theory?
"high-demanders, or preference outliers"
## Footnote
members with a large stake in the relevant issue
230
As a result of the distributive theory, who are committees interests aligned with?
interest groups and with relevant executive bureaucracy than with the chamber
231
Under the distirbutive logroll theory, why might the floor often defer to committees?
Bc they want the same for their own logrolls
232
How do policies pass under the distributive logroll theory?
pass without majority support; policy formation concentrated in interested minorities bc full of logrolls that benefit them
233
What are Iron Triangles?
a strong, mutually beneficial relationship between congressional committees, interest groups, and executive agencies.
234
What are the issues of the Iron Triangle?
1. limit democratic responsiveness
2. Gives power to organized interests
3. shifts power to executive branch
235
How does the Iron Triangle limit democratic responsiveness?
No single part of a bill has majority support
- Bc Majority doesn't get to vote on what it wants, just whatever deals the Committee has made
236
What does the committee act as in an Iron Triangle?
Not an agent for the floor, but a organizer for whichever private interests have a stake in a policy
237
How can you break the iron triangle?
- Bypass committees altogether
- Create overlapping jurisdictions
- Multiple referrals: send same bill (or parts of it) to multiple committees
- Increased staff, so less dependent on interest groups or executive bureaucracy
- Make chair responsible to the party or the chamber floor
- Increase ideological and interest diversity on subcommittee or committee
238
What is the informational theory of committees?
Committees are meant to capture gains from specialization; Committees designed by chamber to reduce policy uncertainty
239
Under Informational Theory, why does the Chamber organize committees?
- to make reliable info more likely
- to better evaluate where bias comes from
240
What strategies are there to reduce policy uncertainty?
1. heterogenous committees (diverse views)
2. Informative outliers
3. provide process rights (post hoc veto, use of closed rules, proposal/gatekeeping power) to some committees (put 'em to work)
4. members defer to committees bc of their expertise BUT the floor always retains majority control through threat of discharge petition or open rules.
241
what is a discharge petition?
a procedural tool in the House of Representatives that allows a majority of members (218 out of 435) to force a bill out of a committee and bring it to the floor for a vote, bypassing committee gatekeeping.
242
what is open rule?
In House, lets any member propose amendments to a bill during floor debate, as long as the amendments comply with House rules.
243
True or False: Informational theories emphasize how policy certainty imposes costs on the whole chamber.
False: Policy uncertainty imposes costs, and most people better off by reducing it
244
How are the chamber rules made?
It is up to a majority to make endogenous rules
## Footnote
Written by the people they constrain
245
What rules does the House use until the rules of procedure are adopted for that Congress?
General Parliamentary Rules
246
# Chamber Rules
How are rules adopted in the House
1. Clerk of previous session calls for quorum, then calls for election of the Speaker
2. Motion made to adopt the previous session's rules
- this can be amended
3. The House appoints or re-appoints a clerk; clerk preps "Clerk's Print" (based off of amendments to previous sesh's rules)
4. House Parliamentarian prepares the House Rules and Manual, with detailed annotations of each rule, its history, interpretation, precedents, and logic.
247
How does the Senate adopt rules?
Senate claims to be a "continuing body," so doesn't need to organize itself anew with each new Congress
## Footnote
so senate never operates under anything but the Senate's rules
248
Why are individual Senators more powerful than members of the House?
Because of the rules that establish how the Senate works compared to the House
249
If a bill is sent to this type of committee it will not become a law:
inhospitable commitee
## Footnote
i.e. one you're not on
250
Whats a way of trying to save a bill from dying by referral to committee?
Multiple referrals
## Footnote
sent to multiple committees: this checks the perogatives of a committee
251
How is a bill processed once in the committee stage in the House?
1. Chair or committee determine which subcommittee, if any, it's sent to
2. Subcommittee decides whether to hold a hearing
3. Decide whether to move to markup (amendment) phase, first in subcommittee then again in full committee
4. Final decision: committee votes: should the bill be __reported or rejected.
252
True or False: A committee passes a bill.
False: report a bill to the full chamber they think should pass
253
What is a Committee Report?
a report of a bill has a complete draft of the amended bill with a full report detailing changes and the reasoning of the committee sent back to the Chamber and put on its calendar.
254
What does a comittee report establish?
Congressional intent: how you should implement a piece of legislature, why was it written
## Footnote
like a committees endorsement of a bill
255
What is the primary mechanism by which committees gatekeep?
deciding to not report
256
What are ways to "extract" a bill from committees?
1. Speaker discharge: Speaker sets time limit on committee consideration
2. Discharge petition
3. Suspension of the rules
257
what is a discharge petition?
Very low success rate; takes a long time
If a bill has been in committee for 30 days, and a petition with 218 signatures is gathered, and seven days have elapsed since the 218th signature, and it is the second or fourth Monday of the month, a signer can move the bill be discharged
258
what happens in a "suspension of the rules"?
2/3 vote needed to pass; no ammendments allowed
used to bring up bills that are waiting on the Calendar out of order
259
How does a bill not pass via Calendar?
Dies on calendar bc bills are brought up out of order by:
1. Special rules
2. suspension of the rules
3. committee perogatives
-Calendar wednesdays
-"Leave to report"
260
What is a "Leave to report" ?
Certain committees (Appropriations, Budget, House Administration, Rules) are allowed to bring up a bill at any time
261
What is the most common way a bill comes up for debate in the House?
the rules committee issues a special rule to consider a bill
262
What is the most common way a bill comes up for debate in the Senate?
a unanimous consent agreement is negotiated and agreed upon to bring up a bill and set the terms of debate
263
what do both special rules and unanimous consent agreements do?
1. Enable the chamber to consider a specified measure, even if not in order on the calendar
2. Establish terms for considering it, including restrictions on the amendment process
264
# House Rules
What is an Open rule?
when you bring up the bill out of order; any germane ammendments allowed
## Footnote
no other restrictions other than what day to bring up
265
# House Rules
What is a modified open rule?
no or few restrictions on content of amendments, but
additional time limits and requirement of pre-printing in Congressional Record
266
# House Rules
What are structured, or modified closed, rules?
few or only one amendment allowed, often just the minority party adding an ammendment that substitutes the whole bill
267
# House Rules
What are closed rules ?
no amendments; taking bill as is and voting on that
268
# House Rules
What is the mechanism that the majority party leadership uses to sustain control and set the agenda ?
special rules
269
what are waivers?
included in most special rules; waiving existing points of order to make sure special rules overrides existing rules
270
What type of rules are most rules in the House today?
structured or modified open
## Footnote
almost all requiring pre-printing in order to facilitate majority party scheduling and strategy
271
How does the Speaker of the House of Representatives maintain majority party control over the agenda?
the Rules Committee
272
What is another way a rule dies on the calendar?
if it is not given a rule OR given an open rule and substance of the bill dramtically changed OR amended to no longer be acceptable to a majority
273
How is a bill processed on the House floor?
1. bill brought up through: adoption of the rule, suspension of the rules, or unanimous consent
2. Moved to the committee of the whole: general debate followed by voting on amendments
3. COW decide to report the back to the House. House votes on any amendment approved by COW
4. Motion to recommit (last chance to say no) followed by final vote on passage
274
What does it mean to recommit a bill?
send it back to committee
## Footnote
other way for it to not become a law
275
What does it mean to "recommit" to committee with instructions?
A final attempt to ammend the bill; often used by the minority party as a last resort; majority party makes an effort to stop motion to recommit
276
Once a bill makes it through the House, what steps are left?
1. needs to pass the Senate
2. needs president's signature . . .
3. . . . or needs to come back to both chambers, build a stronger coalition, and get a 2/3 majority
4. needs to survive judicial review by the Supreme Court
5. . needs to be implemented by executive branch
277
Who is the parliamentarian ?
a non-partisan official responsible for interpreting Senate rules.
## Footnote
gets fired everytime party control changes
278
why is it easier to bypass committees in the Senate?
- no germaneness requiement
- bypass referral stage by objecting twice; this puts the bill directly on the Calendar
- suspend the rules (not used frequently)
- discharge from committee (not used frequently)
279
How has the majority party leader made it difficult for Senators to take control of the floor agenda?
By using their right of first recognition and power to fill the amendment tree more aggressively to control the agenda
280
How can the House end the debate?
voting on the "previous question"
281
What is a cloture?
Mechanism to end debate in the Senate through a supermajority vote
## Footnote
established 1917
282
why is the filibuster so effective?
a time suck; can destroy a carefully crafted schedule
283
True or False: Almost every step in the legislative process in the Senate can be filibustered?
True
284
What are some solutions to to circumvent the filibuster?
- holds
- exceptions to the rule (some businesses protected from filibuster)
- dual tracking schedule
- unannimous consent agreements
285
What is a hold?
notice by a Senator to the party leader that they intend to object to bringing a bill to the floor for consideration.
## Footnote
would rather know you're going to object in advance;
286
what is dual track scheduling?
process that allows the Senate ti debate a bill even while another bill is being filibustered
287
What is a unanimous consent agreement?
## Footnote
internalize ans institutionalize the filibuster
288
why would Senators unanimously consent to a procedure for a bill that they otherwise oppose?
all Senators want predictability about scheduling; even if they
oppose given piece of legislation, they don't want to see legislation they're interested in derailed. Can even use threat of a hold to get promises on legislative action or on nominations.
289
Why is the filibuster more common?
rule changes made it easier to get around
290
What is the "nuclear option"?
## Footnote
also known as constitutional option
got majority to change authoritatively how it in;
created new exception to the filibuster
291
what is remote majoritarianism?
The majority has the power to set the rules, and so the filibuster is not locked in but a choice of a majority of Senators that it is better to give up short-term policy gains in exchange for securing individual influence.
292
What is the lock in theory?
Senate majority are locked into rules from prior sessions
293
If the filibuster can ultimately be eliminated or changed by majority vote, then why is it still around?
because the median Senator wants it! (ie., a majority of senators want it)
294
what makes it difficult to set the agenda and structure the process in the Senate?
the filibuster and other rights of individual Senators
295
