legislative branch Flashcards

1
Q
  • there were no black representatives despite 20% of the population being black so they had to reapportion district lines
    Nc drew a district that was majority black and submitted it to justice apartment for review, then added another and it looked wack because they drew on racial lines (racial gerrymandering)
    Voting rights act of 1965 made it so if a state changed its district lines it needed to be reviewed by federal govt
    Case was argued on equal protection clause of 14th amendment,
    shaw’s group argued that the equal protection clause was violated because districts were drawn with only race in mind
    Reno’s group argued that the equal protection clause was NOT violated because districts were drawn with the intention of helping black residents who faced historic discrimination
    Colorblind interpretation- constitution is blind
    Decision: while districts may have been drawn with noble intentions, districts drawn only based on race were unconstitutional for setting a dangerous precedent
    Why it matters: set precedent for for future cases involving racial gerrymandering and the case ruling stands to this day
A

shaw v reno (1990, north carolina)

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2
Q

Supreme court had already decided that questions of redistricting were not justiciable- court had no business ruling on things (political, not justice question) but this changes
14th amendment/equal protection clause threatened (no state shall make/enforce any law that denies a person equal protection of the law under its jurisdiction)
Argument that refusing to redraw the district lines and reapportion representatives was not equally protected with the changes in the populations so therefore it became justiciable

Decision: issues of reapportionment were justiciable and supreme court did have authority to rule on questions of legislative apportionment

Why it matters: established foundation for one person, one vote doctrine (no vote is worth more than another) , altered nature of political representation for us

A

baker v carr (1962, tn)

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3
Q

Based on census every 10 years, district lines are redrawn to reflect most current population numbers
Redistricting must be done in a way that every person’s vote was equally powerful (baker v carr)
Partisan Gerrymandering- districts lines are drawn to favor one party over another
Shaw v reno → racial gerrymandering → redrawing district lines solely on race is dangerous and can disenfranchise minority voters and is unconstitutional

A

issues of redistricting/gerrymandering

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4
Q

hybrid , acts like a delegate if it’s clear the constituents feel strongly about an issue but if not, acts like a trustee
Votes on party lines

A

politico model

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5
Q

Representative feels they are entrusted with people’s faith and can vote to their own conscience, even voting against the will of the people if they believe it’s the right thing to do

A

trustee model

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6
Q

must vote by will of the people, there to represent their beliefs and desires
Especially seen in hor since they need to answer to the people especially when reelection comes up

A

delegate model

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7
Q

opposing parties holding majority in both houses or president is on party and congress is the opposite - significantly slows things down

A

divisive govt

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8
Q

resulting from increasingly opposing ideas, political fighting

A

gridlock

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9
Q

liberals v conservatives represent two different political parties

A

ideological divisions

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10
Q

money from borrowing or raising taxes

A

deficit spending

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11
Q

debated widely, biggest category is human resources, paying federal employees who run the govt

A

discretionary spending

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12
Q

money they must allocate by law ex. Medicare and medicaid

A

mandatory spending

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13
Q

deficit, discretionary, and mandatory spending

A

factors considered when passing federal budgets

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14
Q

i vote for yours if you vote for mine

A

logrolling

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15
Q

funds earmarked for a particular representative’s district

A

porkbarrel spending

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16
Q

provisions to the bill that have nothing to do with the subject of the bill
(usually benefit a certain representative’s district/state)

A

non germane riders

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17
Q

Can be sponsored from either member of hor or senate
Often changes as it’s debated
Once a bill is assigned to a committee, it can be further debated and changed
Once it comes out of the committee, it goes to the floor for a vote

A

how a bill becomes passed

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18
Q

Unlimited debate and filibusters- taking a long time
Cloture rule- move to end a filibuster by means of a 3/5ths vote (60 senators)
Unanimous consent: call to all senators to restrict certain privileges for the sake of getting work done faster

A

senate regulations for getting work done

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19
Q

-discharge petition
- commitee of the whole
- house rules commitee
- conference commitee
- select commitee
- joint commitee
- standing commitee
-

A

how work is done in HOR

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20
Q

remains from session to session, deals with issues that are always present !!!!!!!!1ex. Appropriations committee (senate) - largest and most powerful, debates and make decisions on where federal money is going to be spent. and !!!ways and means committee (hor) which covers various taxation bills

A

standing commitee

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21
Q

senate and hor together. There is a joint committee on library and one on printing, persist over time but occasionally formed presently

A

joint commitee

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22
Q

opposite of standing committee, temporarily formed for a specific purpose *missouri compromise was made in select committee which disbanded after compromise was accomplished

A

select commitee

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23
Q

formed if both houses can’t agree on an identical version of the bill

A

conference commitee

24
Q

**Constitutional responsibilities of hor vs senate impact how policymaking ensues **

A
25
Q

gatekeeper for all legislation, determines when votes take place and assigns bills to various committees for debate and revision

A

house rules commitee

26
Q

relaxes rules for a debate so they can be debated quickly, min 100 hor

A

committee of the whole

27
Q

it bill gets stuck in committee, house can use a majority vote to bring the bill out of the committee and to the floor for a vote

A

discharge petition

28
Q

Speaker of the house- house members will always choose this leader, speaker will always be a member of the majority party
Majority and Minority leaders- guides party members in policy making issues and directs debates
Majority and Minority whips- render party discipline and make sure members walk in line with party goals ex. Not showing up for votes

A

hor leadership

29
Q

President of the senate (vp of the united states)- non-voting member of the senate, votes to break a tie
President pro tempore- member of the majority party, leads the senate when vice president is not present
Majority and Minority leaders- majority leader sets legislative agenda, majority leader controls calendar assignments of bills

A

senate leadership

30
Q

member of the majority party, leads the senate when vice president is not present

A

president pro tempore (senate)

31
Q

majority leader sets legislative agenda, majority leader controls calendar assignments of bills

A

Majority and Minority leaders (senate)

32
Q

render party discipline and make sure members walk in line with party goals ex. Not showing up for votes

A

majority and minority whips

33
Q

guides party members in policy making issues and directs debates

A

Majority and Minority leaders (hor)

34
Q

elaborate procedure for who can speak when and how, SPEAKER has power to identify who can speak and who cannot
- SPEAKER makes committee assignments, some more desirable than others

A

parliamentary procedure

35
Q

IMPORTANT!!!!!!

Power to pass a federal budget (power of the purse)
Power to raise revenue (income taxes, tariffs, etc)
Power to coin money so we have a stable currency and one to use generally
Power to declare war
Power to raise and maintain the armed forces

A

5 enumerated powers of congress

36
Q

**Implied powers- in elastic clause, used on economical and environmental issues for example

A
37
Q

100 senators, 2 for each, equally represented, longer terms to be insulated from public pressure, less connected to the people they represent, focus on generalities, at least 30

A

senator makeup

38
Q

435 hor, not equally represented but every state gets at least 1, number of hor are determined with census every 10 years, at least 25 years old, less likely to form bipartisan coalitions in order to pursue various legislative goals

A

hor makeup

39
Q

Unique purpose of legislative is

A

to make law

40
Q

major difference between hor and senate

A
  • hor initirates REVENUE BILLS
  • hor initates impeachment procesures and passes articles of impeachment
  • senate must confirm major presidental appointments
    -senate tries impeachment officials and APPROVES TREATIES
41
Q

oversight and investigation

A

important evolutionary powers of congress

42
Q

The Speaker’s most important colleague, whose position is often a stepping-stone to the Speaker’s position. is responsible for scheduling bills and for rounding up votes for bills the party favors.

A

majority leader of hor

43
Q

move to end a filibuster by means of a 3/5ths vote (60 senators)

A

cloture rule

44
Q

during the process of evalutating bills, often the congressional committee assigns bill to a subcommittee which gives them a lot of power

A
45
Q

a bil

a bill stuck in hor or senate committee

A

pigeonholed

46
Q
  • oversight
  • public education
  • representing constituents within govt
  • constitutional ammendments
  • electoral duties
  • impeachment
  • confirmation duties
  • ratification
  • investigation
A

nonlegislative tasks of congress

47
Q

congress is given much control over budgetary spending

A

power of the purse

48
Q

the rules committe can kill a bill by delaying a vote or making it easy for opponents to add “killer ammendments” to it

A
49
Q

president vetos individual parts of the bill

A

line- item veto

50
Q

holder of an office/post

A

incumbent (number of incumbents increased dramatically after serving in congress became a lifetime career)

51
Q

drawing districts of unequal sizes and populations.

A

malapportionment

52
Q

to give one political party an advantage
over the other with odd redistricting lines

A

gerrymandering

53
Q

passed by either the House or the Senate, and usually establishes rules, regulations, or practices that do not have the force of law. For example, a resolution may be passed
congratulating a staff member for doing a good job or having an anniversary. Sometimes simple resolutions set the rules under which each body operates.

A

simple solution

54
Q

comes from both houses, and often settles housekeeping and procedural matters that affect both houses. !!!Simple and concurrent resolutions are not signed by the president and do not have the force of law.!!!!

A

concurrent solution

55
Q

requires the approval of both houses and the signature of the president, and is essentially the same as a law. Joint resolutions are sometimes passed when the houses of Congress
react to an important issue that needs immediate attention.

A

joint resolution

56
Q

individual income taxes, payroll taxes, corporate income taxes, and excise taxes.

A