Unit 4 Flashcards by Allison Etzler

What does a Rules Committee do? Where do they operate in the gov.?

resolutions governing the amending process & length of debate
operate in the House

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House Rules Committee: what are closed rules?

rules that do not allow any amendments to a bill

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House Rules Committee: what are open rules?

rules that allow any germane (related) amendments to a bill

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House Rules Committee: what are modified rules?

allow some specific amendments but not others

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What is a “hold”? Which chamber is this used in?

used in the Senate
“hold” is a tool that Senators use to prevent a motion from reaching a vote on the floor (permitted by the Standing Rules of the chamber)

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What is a “rider”? Which chamber is this allowed (used) in?

used in the Senate
additions added to a proposed bill or another measure that has little connection with the subject matter of the bill
OR
germane amendments added to bills

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What is the 17th Amendment? Why does it matter?

Senators are elected “by the people”
changed the election of U.S. Senators from st. legis. to the people casting direct votes
ratified in 1913

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Define McCulloch v. Maryland (1819)

SCOTUS case declared Congress had the power (under the Necessary and Proper Clause) to establish a Federal Bank, and states (Maryland) do NOT have the right to tax the Fed. Gov.
- Maryland tried to put a tax on any banks not chartered by the state (including the Fed. Bank)

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Define Discretionary Spending

the portion of the budget that the President requests and Congress appropriates every year.
- It represents less than 1/3 of the federal budget
- national defense, foreign aid, education, etc.

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Define Mandatory Spending

spending not controlled by annual budget decisions
- accounts for around 2/3 of the federal budget

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Define Pork Barrel Legislation

legislation that gives tangible benefits to constituents in several districts or states in the hope of winning their votes in return

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What is Logrolling?

when mems. of Cong. support bills that they otherwise might not vote for in exchange for votes on bills important to them
- “you scratch my back I’ll scratch yours”

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What is Omnibus Legislation?

massive bills that run hundreds of pages long & cover many different subjects & programs

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Define Partisanship

strong allegiance to one’s own political party, often leading to unwillingness to compromise with members of the opposing party

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Define Baker v. Carr (1962)

SCOTUS case that forced the Tennessee legislature to reapportion itself on the basis of population
-a Republican voter (Charles Baker) who lived in an urban area of Shelby County said that he was denied equal protection of the laws under the Fourteenth Amendment because his vote was devalued
- established the right of federal courts to review redistricting issues

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Define Shaw v. Reno (1993): what did it do?

SCOTUS case declared that race may be a factor but cannot be the predominant factor in the redistricting process.
- (before) violated white plaintiffs ‘ equal protection under the laws of the 14TH AMENDMENT
- (after) opened the door for dozens of lawsuits abt. racial redistricting

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What is a “Trustee”?

congressperson who reps. voters’ interests while also taking into account nat., collective, & moral concerns that may cause them to vote against a majority of voters

What is a “Delegate”?

congressperson who carries out the direct desires of voters

What is a “Politico”?

congressperson who acts like a DELEGATE on issues voters CARE ABOUT, but a TRUSTEE on more complex issues (ex. foreign policy)

What are the Formal Powers of the Pres.?

vetoes & pocket vetoes
commander in chief
treaties
state of the union

What is a “Pocket Veto”?

an indirect veto of a legislative bill by the president by not signing the bill until Congress adjourns its session

What are the Informal Powers of the Pres.?

executive orders
executive agreements
bargaining & persuasion
signing statements

Summarize Fed. No. 70

a unitary executive is necessary to: ensure accountability in government. enable the president to defend against legislative encroachments on his power.

Define the 22nd Amendment

no person shall be elected to the office of President more than two times

What does "Imperial Presidency" mean?

the Pres. is the head of gov. & the face of the country

Define the "Lame Duck Period"

an official (especially the president) in the final period of office, after the election of a successor

Define "Bully Pulpit"

a public office or position of authority (Presidency) that provides its occupant with an outstanding opportunity to speak out on any issue

Summarize Fed. No. 78

describes the process of judicial review - federal courts review statutes (laws) to determine whether they are consistent with the Constitution and its statutes (laws)

Define Marbury v. Madison (1803)

William Marbury was supposed to be appointed to SCOTUS under Addams, but the Pres. changed to Jefferson before it could be heard & Jeff. told his Sec. of St. (Madison) to NOT deliver the commission that was issued by the outgoing Federalists - Marbury asked to be given his position, but Marshall didn't want Jeff to ignore the order & weaken the court (they didn't like each other) - JUDICIAL REVIEW YAY - Judiciary Act of 1789

What is "stare decisis"?

"to stand by things decided"; the legal principle of determining points in litigation according to precedent

What are "Precedents"?

court decision that is considered as authority for deciding subsequent cases involving identical or similar facts

Define Judicial Restraint

a procedural or substantive approach to the exercise of judicial review

Define Dissenting Opinion

the separate judicial opinion of a judge who disagreed with the majority's decision explaining the disagreement.

Define Concurring Opinion

when the justice agrees with the Court's disposition but not its opinion

What are the functions of the Bureaucracy?

- regulations & enforcement - information experts - issues networks & "iron triangles"

Define Political Patronage (& how it relates to the Bureaucracy)

it's a spoils system, people get rewarded (given jobs in the gov.) for supporting/are friends or family with a politician who won an election - reformed the Bureaucracy

What is the Merit System? How does it relate to Bureaucracy?

process of promoting and hiring government employees based on their ability to perform a job, rather than on their political connections - reformed the Bureaucracy

Define Discretionary Authority (& how it relates to the Bureaucracy)

an agency's ability to decide whether or not to take certain courses of action when implementing existing laws - a way to implement policy

Define Rule-Making Authority (& how it relates to the Bureaucracy)

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 - a way to implement policy

What is a ¨Writ of Certiorari¨?

a request that the Supreme Court order a lower court to send up the record of the case for review - case has to have reasoning of why it should be heard again

What is a ¨Unilateral Action¨?

any policy decision made and acted upon by the president and his staff without the explicit approval or consent of Congress