Mod 3 - Interactions among branches Flashcards

Question

How a bill comes to vote in the Senate

Answer 1

**more difficult for simple majority

Answer 2

**more difficult for simple majority 1. Created by supporters 2. introduced to Senate by Senator 3. Sent to committee 4. Committee hearings/debates - Can "table" the bill (put aside) 5. Committee decides to send it to Senate floor for vote 6. At Senate floor - "debate" over the bill; Must have "unanimous consent" to "End debate" on the bill to get to the vote; "Hold" - Senator doesn't consent to having a vote - keep debating causing a "filibuster" . (Keeps the simple majority from just doing whatever they want) "Cloture" - 60 votes to stop the debate, end the filibuster and send bill to a vote (except for appointments only 51 votes to end Filibuster)

Answer 3

Parts of the budget Set aside by COngress specifically for projects - (can be "Pork barrel projects" - govt waste of money that is used to "buy votes" for the representatives local area)

Answer 4

A number of factors affect the behavior of members of Congress, including election processes, partisanship, and divided government. Most members of Congress seek to be reelected by their constituents, which can affect their voting behavior and the issues they devote time to while in office.

Answer 5

Partisan divisions within Congress may result in legislative gridlock, or lead to increased negotiation and compromise. Likewise, divided government between the legislative and executive branches can give rise to partisan standoffs, such as congressional refusal to approve presidential appointments or to vote for presidential initiatives. Congressional redistricting to favor one party over another, or gerrymandering, is motivated by partisanship and can also further entrench it.

Answer 6

When the government is unable to reach compromises or make policy decisions.

Answer 7

A firm supporter of one political party.

Answer 8

The process of adjusting electoral districts in the United States.

Answer 9

The act of changing the boundaries of an electoral district to favor one party over another.

Answer 10

When one party controls one or more houses in the legislative branch while the other party controls the executive branch.

Answer 11

An elected official who continues to hold political office during the period between the election and the inauguration of their successor.

Answer 12

A member of Congress who takes into account the views of their constituents and use their own judgment to decide how to vote.

Answer 13

A member of Congress who always follows their constituents’ voting preferences.

Answer 14

A member of Congress who acts as a delegate on issues that their constituents care about, and as a trustee on issues that their constituents don’t care about.

Answer 15

BC - unequal vote for me One vote one person The Court ruled that Tennessee had acted unconstitutionally by not redistricting since 1901; establishing both the "one-person, one-vote" principle - that districts should be proportionately represented - and that the Court had jurisdiction to review state redistricting issues.

Answer 16

SR - This case established that although legislative redistricting must be conscious of race and comply with the Voting Rights Act of 1965, it cannot exceed what is reasonably necessary to avoid racial imbalances.

Answer 17

Redistricting may make districts more or less 'safe' for certain members of Congress. A Congress member who is in a safe district (one that he or she is likely to win in an election, based on the political party of the majority of constituents) may feel more empowered to take positions that constituents don't like.

Answer 18

Representative Greggs won her last election by more than 7% of the vote and feels confident that she is likely to be reelected. This may give her more room to vote with her conscience on bills, even if a majority of her constituents disagree with some of her positions; this is an example of trustee behavior. However, Representative Carver is a Democrat representing a district that usually votes Republican and won his last election by only 1% of the vote, so he may feel in danger of losing his next election. He is more likely to act as a delegate, prioritizing his constituents' wishes over his own judgment, in order to guarantee a win in his next election.

Answer 19

Partisanship fueled by ideological differences may motivate members of Congress to block the policies of the opposition party regardless of whether those policies might benefit the public.

Answer 20

The Framers of the Constitution wanted to ensure that the executive branch was powerful enough to act, and so in Article II of the US Constitution, they established that executive power in the United States is vested in a president, who has certain powers. The powers of the president outlined in Article II are known as formal powers, but over the years presidents have claimed other powers, known as informal powers.

Answer 21

Presidents campaign for office based on their policy agendas: the things they promise voters that they will attempt to accomplish while in office. They use their formal and informal powers to accomplish their policy agendas.

Answer 22

A group of presidential advisers, including the heads of the executive departments, the attorney general, and other officials chosen by the president.

Answer 23

An international agreement between the president and another country, which does not require the consent of the Senate.

Answer 24

A presidential order to the executive branch without the cooperation of Congress that still carries the force of law. The Supreme Court can rule executive orders unconstitutional. These are derived from the "vested" clause.

Answer 25

An indirect veto, which the president can use by neither signing or vetoing a bill passed by Congress fewer than 10 days before it adjourns.

Answer 26

A presidential statement upon signing a bill into law, which explains how a president’s administration intends to interpret the law.

Answer 27

The president’s annual message to a joint session of Congress, which includes recommended legislation and evaluations of the nation’s top priorities and economic health.

Answer 28

The president’s constitutional right to reject a law passed by Congress. Congress may override the president’s veto with a two-thirds vote.

Answer 29

(1) Take care that the laws be faithfully executed (2) Nominate officials (with Senate confirmation) (3) Request written opinions from administrative officials (4) Fill administrative vacancies during congressional recesses

Answer 30

Act as Commander in (1) Chief of the armed forces (2) Make treaties (with Senate ratification) (3) Nominate ambassadors (with Senate confirmation) (4) Receive ambassadors (5) Confer diplomatic recognition on other governments

Answer 31

(1) Grant reprieves and pardons for federal offenses (except impeachment) (2) Nominate federal judges (with Senate confirmation)

Answer 32

(1) Recommend legislation to Congress (2) Present information on the State of the Union to Congress (3) Convene Congress on extraordinary occasions (4) Adjourn Congress if House and Senate cannot agree (5) Veto legislation (Congress may overrule with supermajority)

Answer 33

(1) Bargaining and persuasion: Setting priorities for Congress and attempting to get majorities to put through the president’s legislative agenda (2) Issuing executive orders: Regulations to run the government and direct the bureaucracy (3) Issuing signing statements: Giving the president's intended interpretation of bills passed by Congress (4) Negotiating executive agreements: Agreements with heads of foreign governments that are not ratified by the Senate

Answer 34

Article II of the Constitution describes the formal powers of the president, but the president also has informal powers, which have grown over time. Because the president and Congress have interrelated powers, tension frequently erupts between the two branches.

Answer 35

Formal powers are those powers explicitly granted to the president in Article II of the US Constitution. Informal powers are not stated in the Constitution; presidents have claimed these powers as necessary for executing the law.

Answer 36

A president’s formal proposal of a candidate to fill a position, such as a cabinet member or Supreme Court justice.

Answer 37

Senate approval of a presidential nomination.

Answer 38

Some presidential appointments, including cabinet members, ambassadors, and life-tenured judicial appointments, require Senate confirmation. The confirmation process serves as an important check on the presidency and can put the executive and legislative branches at odds. The stakes are especially high with life-tenured judicial appointments, such as Supreme Court justices; their life-tenured nature gives the president an opportunity to extend his or her influence for decades after leaving office. By comparison, White House staff positions do not require Senate confirmation and are typically much easier to fill.

Answer 39

The president uses executive orders and policy initiatives to achieve policy goals, both of which can bring further conflict with Congress. As executive orders are used to create laws without congressional input or approval, they represent an enhancement of the presidency beyond its expressed constitutional powers.

Answer 40

update Congress on the president's assessment of the nation; The Constitution states that "He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient." Of course, a president can have other purposes for the SOTU as well.

Answer 41

Responsible for implementing the laws created by Congress, while still advocating for the president's agenda

Answer 42

Presides over the Senate

Answer 43

Theodore Roosevelt’s notion of the presidency as a platform from which the president could promote an agenda directly to the public. Power of speech - Allows the president to communicate ideas, opinions and justifications for controversial decisions to the People

Answer 44

On one hand, a powerful executive permits quick and decisive action, which is important for responding to current events. On the other hand, if the president gets too powerful, Congress and the people may lack the ability to hold him or her accountable.

Answer 45

Powers expressly granted to the president under Article II of the Constitution. Examples include making treaties, commanding the military, appointing Supreme Court justices, and vetoing legislation.

Answer 46

Powers claimed by presidents as necessary in order to execute the law. Examples include issuing executive orders and negotiating executive agreements.

Answer 47

An executive branch led by a single person.

Answer 48

The Twenty-second Amendment to the US Constitution applies term limits to the office of the president. Under the Twenty-second Amendment, no one may be elected president more than twice, or serve as president longer than ten years.

Answer 49

Also called the War Powers Resolution, the War Powers Act limits the president’s power to deploy US armed forces. Every president since Nixon has contested the War Powers Act as an infringement of their role as Commander in Chief of the armed forces.

Answer 50

“The Executive Department Further Considered,” written by Alexander Hamilton. In this essay, Hamilton argues that a single executive (led by one person as president, rather than several people acting as a council) is the best form for the executive branch of the United States. He reasons that one president can act more quickly, and with more secrecy when necessary, than a larger group of leaders. He also argues that a single executive is less dangerous to democracy than a council, because it is easier to identify and remove one corrupt person than to discover who among several leaders is a bad actor.

Answer 51

The Framers wanted a single executive to give energy and efficiency to the executive branch. But the extent of presidential power has been an ongoing negotiation—over time, presidents have claimed powers beyond the expressed constitutional powers in Article II, while Congress has made attempts to limit the president’s power through laws and Constitutional amendments.

Answer 52

establishes the president as Chief Legislator; in this role, the president has the power to shape policy and influence which bills Congress attempts to pass.

Answer 53

Advances in communication technology have changed the president’s relationship both with other branches of government and with the electorate, increasing presidential influence over the legislative agenda.

Answer 54

An annual presidential report required by the Constitution, conventionally delivered as a speech to Congress since 1913 and televised since 1947. The president can use the State of the Union to set their policy agenda and recommend policies to members of Congress.

Answer 55

Presidents have leveraged changes in communication technology to enhance their power by appealing directly to the American public. For example, Franklin D. Roosevelt broadcast his fireside chats over the radio, keeping the public informed of his policy goals aimed at righting the economy after the Great Depression. In the twenty-first century, presidents have used social media to reach large audiences of Americans and to respond rapidly to political issues.

Answer 56

When setting a policy agenda, presidents have taken advantage of contemporary technology and social media to influence the national constituency, promoting presidential policy goals via the president’s bully pulpit. The State of the Union is an opportunity for presidents to inform Congress and the American public of policy goals, and to signal which legislation they may veto.

Answer 57

20th, 22nd, 25th Amendments

Answer 58

Until the Twenty-Second Amendment, presidents did not have term limits. From George Washington on, no president had served more than two full terms. That is, until Franklin Delano Roosevelt (D), first elected in 1932. He was elected to serve four terms as president, dying less than one year into his fourth term. Roosevelt was a popular president who saw the nation through the Great Depression and much of World War II—and it didn't hurt that throughout his presidency there was a Democratic majority in Congress. A few years later, a Republican-controlled Congress proposed the Twenty-Second Amendment, ratified by the states in 1951, limiting presidents to two elected terms, or up to 10 years in office.

Answer 59

"Energy in the Executive is a leading character in the definition of good government. It is essential to the protection of the community against foreign attacks; it is not less essential to the steady administration of the laws; to the protection of property against those irregular and high-handed combinations which sometimes interrupt the ordinary course of justice; to the security of liberty against the enteprises and assaults of ambition, of faction, and of anarchy." The ingredients which constitute energy in the Executive are, first, unity; secondly, duration; thirdly, an adequate provision for its support; fourthly, competent powers." "But one of the weightiest objections to a plurality in the Executive, and which lies as much against the last as the first plan, is, that it tends to conceal faults and destroy responsibility."

Answer 60

The design of the judicial branch protects the Supreme Court’s independence as a branch of government. The Supreme Court wields the power of judicial review to check the actions of the other branches of government.

Answer 61

Also called lower courts, inferior courts include all US federal courts below the Supreme Court, including courts of appeals, district courts, and federal tribunals. Congress retains the power to establish inferior courts and to determine how they operate.

Answer 62

An early, influential Chief Justice of the United States who led the Supreme Court from 1801-1835. Marshall wrote several foundational Court decisions, including Marbury v. Madison and McCulloch v. Maryland, which enhanced the power of the judicial branch and affirmed the supremacy of federal law over state law.

Answer 63

Factors that prevent members of the legislative and executive branches from influencing Supreme Court justices, including lifetime appointments for justices and a ban on salary decreases for sitting justices.

Answer 64

The Supreme Court’s power to review whether acts of the legislative branch, the executive branch, and state governments are consistent with the Constitution, and to strike down acts it finds unconstitutional.

Answer 65

The highest federal court of the United States, established by Article III of the US Constitution, with nine sitting justices today. Unlike inferior courts, the Supreme Court is shielded from the influence of Congress, which cannot change its jurisdiction or the salaries of sitting justices. Two key characteristics of the Supreme Court—its practice of judicial review, and its justices’ life tenure—can lead to debate over the legitimacy of the Court’s power, as well as attempts by the other branches to challenge and limit that power.

Answer 66

“The Judiciary Department,” written by Alexander Hamilton. In this essay advocating for the ratification of the US Constitution, Hamilton describes the proposed form for the new government’s judicial branch. He argues that judges should serve for life pending good behavior to ensure judicial independence, and that the judicial branch will be the “least dangerous” branch of government since it can neither wage war nor collect taxes. Hamilton also provides an early argument for the power of judicial review, stating that the courts’ duty is “to declare all acts contrary to . . . the Constitution void.”

Answer 67

Article III of the US Constitution establishes the judicial branch of US government. It explicitly creates one Supreme Court, but gives Congress the power to create all other inferior courts. Article III guarantees judicial independence by granting lifetime appointments for justices and preventing Congress from lowering the salaries of sitting justices.

Answer 68

Judicial Review. An early Supreme Court case that affirmed the Court’s power of judicial review by striking down a law made by Congress as unconstitutional. In his written opinion, Chief Justice John Marshall declared that “an act of the legislature repugnant to the Constitution is void.”

Answer 69

The federal courts use judicial review to determine whether the acts of Congress, the executive branch, and state governments comply with the Constitution. This exemplifies the principle of checks and balances by ensuring that the other branches of government cannot act outside the bounds of the Constitution without consequence. The judicial branch also demonstrates the importance of separation of powers, as lifetime appointments for justices and bans on salary decreases for sitting justices ensure the judicial branch’s independence from the interference of the other two branches.

Answer 70

The power of the judicial branch to nullify an act of Congress, executive action, or state law if it violates the Constitution. (Marbury vs. Madison)

Answer 71

Holding a position for life as Supreme Court justices do, unless they resign or are impeached.

Answer 72

The belief that the role of a justice is to defend individual rights and liberties, even those not explicitly stated in the Constitution.

Answer 73

The belief that the role of a justice is to defer decisions (and thus policymaking) to the elected branches of government and stay focused on a narrower interpretation of the Bill of Rights.

Answer 74

The extent of the power a court has to make legal judgments and decisions.

Answer 75

The debate over judicial activism and judicial restraint is a key issue in discussions around the power of the Supreme Court. Some justices favor a policy of judicial restraint, viewing their role as strict interpreters of precedent and the Constitution, and deferring decisions that impact policymaking to the other, elected branches of government. But other justices believe in judicial activism: that the Court should be bolder in upholding rights that may not be explicitly stated in the Constitution, and in striking down legislation that infringes those rights.

Answer 76

In the wake of a controversial ruling by the Court, the other branches may challenge its legitimacy and power, questioning either the Court’s right to exercise judicial review or the appropriateness of its justices’ life tenures. Both the legislative and executive branches can also employ checks that can limit the Court’s power, for example via the nomination and confirmation of justices. In the event of a vacancy, the president is likely to nominate a justice with whom they are at least somewhat ideologically aligned, which may in turn alter the ideological balance of the Court and decrease the likelihood of future majority opinions that conflict with the views of the president’s party. Because federal judges serve life terms, these appointments can have long-lasting impacts after a president has left office. Congress can pass legislation to attempt to limit the Court’s power: by changing the Court’s jurisdiction; by modifying the impact of a Court decision after it has been made; or by amending the Constitution in relation to the Court. The president (and the states) may also choose to evade or ignore a Court decision; while not very common, this approach has been used in the past following some unpopular rulings.

Answer 77

The bureaucracy carries out the responsibilities of the federal government. The merit system, in which bureaucrats are hired and promoted based on their skills rather than their political connections, has enhanced the effectiveness of the bureaucracy.

Answer 78

The permanent, professional branches of government administration. The civil service is nonpartisan and its employees are hired and promoted based on merit rather than patronage.

Answer 79

A longstanding, mutually-beneficial relationship between an interest group, congressional committee, and bureaucratic agency devoted to similar issues. For example, the American Association of Retired Persons, the Congressional Subcommittee on Aging, and the Social Security Administration all work closely on issues related to seniors.

Answer 80

A group of individuals, public officials, and interest groups that form around a particular issue, usually a proposed public policy that they wish to support or defeat.

Answer 81

In the federal bureaucracy, the practice of hiring and promoting individuals based on their qualifications and job performance.

Answer 82

In the federal bureaucracy, the practice of hiring and promoting individuals based on their political support for a party or candidate rather than on their merit. Also called the spoils system.

Answer 83

The bureaucracy carries out the responsibilities of the federal government to regulate and enforce individual and commercial activities. Except for top-level political appointees, employees of the bureaucracy are specialists in their fields, who are hired and promoted based on merit rather than on their connections to politicians.

Answer 84

The transition from a patronage-based bureaucracy to a merit-based system has increased the bureaucracy's professionalism and expertise. The bureaucracy is nonpartisan and career civil servants tend to span many presidential administrations, allowing for continuity in the public sector.

Answer 85

The federal bureaucracy is the part of the US government that carries out policy. After Congress passes bills and the president signs them, it's up to bureaucratic agencies to implement and enforce policy.

Answer 86

The merit system makes the bureaucracy more effective, because experts and career civil servants develop and implement policy, rather than patronage appointees (who received roles based on political or financial support of the president's party).

Answer 87

An iron triangle is a relationship between a congressional committee or subcommittee, an interest group, and a bureaucratic agency, all of whom share common policy interests. (A group that has several common interests) An issue network is A group of individuals, public officials, and interest groups that form around a single particular issue, usually a proposed public policy that they wish to support or defeat.

Answer 88

The federal bureaucracy has a lot of leeway when it comes to carrying out laws and executive orders. Congress and the president, however, have several ways of holding the bureaucracy accountable.

Answer 89

An administrative group of nonelected officials charged with implementing policies created by the other branches of government.

Answer 90

An agency’s ability to decide whether or not to take certain courses of action when implementing existing laws.

Answer 91

An agency’s ability to make rules that affect how programs operate, and to force states and corporations to obey these rules as if they were laws.

Answer 92

Used by congressional committees to collect and assess information to guide their decisions and actions. Hearings usually involve oral testimony from, and questioning of, witnesses and bureaucratic officials.

Answer 93

Congress’s ability to set the budget of a bureaucratic agency, and by extension influence its behavior.

Answer 94

Administering educational policies to the states and promoting research on education.

Answer 95

Protecting the United States from terrorist attacks, controlling borders, and minimizing damage from natural disasters.

Answer 96

Managing highways, rails, and air travel.

Answer 97

Promoting the welfare of armed services veterans and managing VA hospitals.

Answer 98

Protecting human health and the environment by developing and enforcing regulations.

Answer 99

Administering and enforcing the federal campaign finance law.

Answer 100

Regulating the stock market and protecting investors from fraud.

Answer 101

After the president signs a bill into law or issues an executive order, the federal bureaucracy is responsible for implementing that policy. Laws may lack clear, concrete details on how they should be enacted, so the federal bureaucracy has discretionary authority to make decisions on what actions to take—or not take—when implementing laws, as well as rulemaking authority to create regulations about how government programs should operate. This authority enhances the power of the federal bureaucracy, giving it considerable jurisdiction over the implementation of government policies.

Answer 102

Congress uses its oversight powers to ensure that legislation is implemented as intended; it uses committee hearings to question agency staff and hold them accountable to their actions and decisions. Congress can also influence the behavior of a bureaucratic agency by cutting or increasing its budget; this is also known as "power of the purse."

Mod 3 - Interactions among branches Flashcards

(126 cards)