Podcast
Questions and Answers
Which scenario exemplifies congressional oversight?
Which scenario exemplifies congressional oversight?
- A Senator introduces an amendment to a bill to address concerns raised by lobbyists from a specific industry.
- A congressional committee investigates whether the Environmental Protection Agency is enforcing new environmental regulations as Congress intended. (correct)
- The President vetoes a bill passed by Congress because it conflicts with the administration's policy goals.
- The Supreme Court reviews a law passed by Congress to determine if it is constitutional.
What is the primary implication of Shaw v. Reno (1993) regarding legislative districts?
What is the primary implication of Shaw v. Reno (1993) regarding legislative districts?
- It prohibited racial gerrymandering that violates the Equal Protection Clause. (correct)
- It established the principle of 'one person, one vote' in state legislative districts.
- It required states to create majority-minority districts to ensure minority representation.
- It mandated that all legislative districts must be contiguous and compact.
A Congress member supports a colleague's transportation bill in exchange for their support on a separate environmental bill. This arrangement best exemplifies:
A Congress member supports a colleague's transportation bill in exchange for their support on a separate environmental bill. This arrangement best exemplifies:
- Pork barrel legislation
- Omnibus legislation
- Log-rolling (correct)
- Rider amendment
Which of the following reflects the outcome of Baker v. Carr (1962)?
Which of the following reflects the outcome of Baker v. Carr (1962)?
To end a filibuster in the Senate, what action is required?
To end a filibuster in the Senate, what action is required?
Which scenario best exemplifies the merit system in government hiring?
Which scenario best exemplifies the merit system in government hiring?
How does rule-making authority enable government agencies to influence public and private sector behavior?
How does rule-making authority enable government agencies to influence public and private sector behavior?
Following the Loper v. Raimondo (2024) decision, how are federal courts most likely to approach cases involving ambiguous agency interpretations of laws?
Following the Loper v. Raimondo (2024) decision, how are federal courts most likely to approach cases involving ambiguous agency interpretations of laws?
In what critical way do independent regulatory agencies differ from executive agencies?
In what critical way do independent regulatory agencies differ from executive agencies?
What is the primary distinction between 'discretionary authority' and 'rule-making authority' vested in bureaucratic agencies?
What is the primary distinction between 'discretionary authority' and 'rule-making authority' vested in bureaucratic agencies?
How does congressional oversight influence the bureaucracy?
How does congressional oversight influence the bureaucracy?
If Congress disagrees with a federal agency's interpretation of a law, what actions can it take to exert control?
If Congress disagrees with a federal agency's interpretation of a law, what actions can it take to exert control?
How can a president use their position to influence public opinion and promote their policy agenda?
How can a president use their position to influence public opinion and promote their policy agenda?
Which of the following scenarios best describes the purpose of Compliance Monitoring?
Which of the following scenarios best describes the purpose of Compliance Monitoring?
Beyond issuing executive orders, how else can a president influence the bureaucracy to align with their policy goals?
Beyond issuing executive orders, how else can a president influence the bureaucracy to align with their policy goals?
Which scenario exemplifies a president utilizing an informal power to influence policy?
Which scenario exemplifies a president utilizing an informal power to influence policy?
A president seeks to enact a significant change to environmental regulations but anticipates strong opposition in Congress. Which action represents the exercise of a formal presidential power to achieve this goal?
A president seeks to enact a significant change to environmental regulations but anticipates strong opposition in Congress. Which action represents the exercise of a formal presidential power to achieve this goal?
How does the structure of the executive branch, as advocated in Federalist 70, contribute to effective governance?
How does the structure of the executive branch, as advocated in Federalist 70, contribute to effective governance?
In a situation where the Senate is evenly divided, what constitutional role does the Vice President fulfill?
In a situation where the Senate is evenly divided, what constitutional role does the Vice President fulfill?
How does the power of the president to grant pardons serve as a check on the judicial branch?
How does the power of the president to grant pardons serve as a check on the judicial branch?
Which scenario best illustrates the President acting as Chief Diplomat?
Which scenario best illustrates the President acting as Chief Diplomat?
A newly elected president aims to quickly address a rising economic crisis. According to Federalist 70, what characteristic of a strong executive is most crucial in this situation?
A newly elected president aims to quickly address a rising economic crisis. According to Federalist 70, what characteristic of a strong executive is most crucial in this situation?
The 22nd Amendment has had what impact on the powers of the president?
The 22nd Amendment has had what impact on the powers of the president?
Which of the following scenarios best illustrates the concept of prior restraint?
Which of the following scenarios best illustrates the concept of prior restraint?
A state law mandates harsher penalties for certain crimes committed by individuals of a specific ethnic group. Which constitutional principle is most likely being violated?
A state law mandates harsher penalties for certain crimes committed by individuals of a specific ethnic group. Which constitutional principle is most likely being violated?
Which of the following scenarios presents a potential conflict between the Second and Fourth Amendments?
Which of the following scenarios presents a potential conflict between the Second and Fourth Amendments?
How does the concept of 'selective incorporation' relate to the Bill of Rights and state governments?
How does the concept of 'selective incorporation' relate to the Bill of Rights and state governments?
What is the key distinction between procedural and substantive due process?
What is the key distinction between procedural and substantive due process?
Which Supreme Court case established the right to possess firearms for self-defense in the home?
Which Supreme Court case established the right to possess firearms for self-defense in the home?
What is symbolic speech, and how is it relevant to First Amendment protections?
What is symbolic speech, and how is it relevant to First Amendment protections?
A city council enacts an ordinance that prohibits all protests within city limits between the hours of 10 PM and 6 AM, regardless of the content or message. This is an example of what?
A city council enacts an ordinance that prohibits all protests within city limits between the hours of 10 PM and 6 AM, regardless of the content or message. This is an example of what?
Which of the following scenarios best illustrates the application of the exclusionary rule?
Which of the following scenarios best illustrates the application of the exclusionary rule?
How did the Supreme Court's ruling in Griswold v. Connecticut (1965) impact the understanding of individual rights in the U.S.?
How did the Supreme Court's ruling in Griswold v. Connecticut (1965) impact the understanding of individual rights in the U.S.?
What is the central debate surrounding the Hyde Amendment?
What is the central debate surrounding the Hyde Amendment?
Which scenario exemplifies the principle of unenumerated rights as protected by the Ninth Amendment?
Which scenario exemplifies the principle of unenumerated rights as protected by the Ninth Amendment?
How did the Roe v. Wade (1973) decision impact state laws regarding abortion?
How did the Roe v. Wade (1973) decision impact state laws regarding abortion?
Flashcards
Carr v. Carr (1962)
Carr v. Carr (1962)
Established "one person, one vote," empowering federal courts to intervene in unfairly drawn legislative districts, ensuring equal protection under the 14th Amendment.
Shaw v. Reno (1993)
Shaw v. Reno (1993)
Ruled that racial gerrymandering violates the Equal Protection Clause.
Congressional Oversight
Congressional Oversight
Congress ensures executive branch agencies implement policies as intended.
Riders (legislation)
Riders (legislation)
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Filibuster
Filibuster
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Presidential Term Limits (22nd Amendment)
Presidential Term Limits (22nd Amendment)
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Issue Networks
Issue Networks
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Merit System
Merit System
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Discretionary Authority
Discretionary Authority
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Rule-Making Authority
Rule-Making Authority
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Executive Orders
Executive Orders
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Executive Agreements
Executive Agreements
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Presidential Influence
Presidential Influence
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Commander in Chief
Commander in Chief
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Chief Diplomat
Chief Diplomat
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Granting Pardons
Granting Pardons
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Federalist No. 70
Federalist No. 70
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22nd Amendment
22nd Amendment
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Presidential Influence on Bureaucracy
Presidential Influence on Bureaucracy
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Compliance Monitoring
Compliance Monitoring
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Bully Pulpit
Bully Pulpit
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State of the Union
State of the Union
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Exclusionary Rule
Exclusionary Rule
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Miranda Rule
Miranda Rule
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Right to Privacy
Right to Privacy
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Griswold v. Connecticut
Griswold v. Connecticut
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9th Amendment
9th Amendment
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Prior Restraint
Prior Restraint
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Symbolic Speech
Symbolic Speech
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Obscene Speech
Obscene Speech
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Time, Place, and Manner Restrictions
Time, Place, and Manner Restrictions
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Brady Act
Brady Act
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District of Columbia v. Heller
District of Columbia v. Heller
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Selective Incorporation
Selective Incorporation
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Procedural Due Process
Procedural Due Process
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Study Notes
- State governments determine how elections are run and who can vote.
- The national government ensures the enforcement of amendments and civil rights legislation.
- Franchise is the right to vote.
Voting Models
- Rational Choice: voting based on what a person wants from the government
- Retrospective: considering how a candidate performed in the past
- Prospective: predictions of how a candidate will perform in the future
- Party Line: voting for all candidates of one political party
Voter Turnout
- Structural barriers, such as policy or laws, can impact voter turnout
- Voter ID laws, registration, and access to the ballot are examples of structural barriers
- Political Efficacy: the belief that one's vote matters
- Demographics: age, sex, race, education, and religion influence voter turnout
- Type of Election: presidential, midterm, or local elections affect voter turnout
- Poll tax: a payment required to vote, now illegal
National Voter Registration Act 1993
- Also known as the motor-voter law.
- Simplified voter registration and enhanced voter turnout/participation.
Amendments
- 14th Amendment: granted U.S. citizenship to former slaves
- States cannot violate a citizen's privileges or immunities.
- Due Process Clause: states must follow fair legal procedures before depriving someone of life, liberty, or property
- Equal Protection Clause prohibits states from denying any person equal protection of the laws within their jurisdiction.
- 15th Amendment: granted everyone the right to vote, including women and Black people.
- 17th Amendment dictates that the Senate is composed of two senators from each state.
- 19th Amendment: granted women the right to vote.
- 23rd Amendment: granted people in D.C. the right to vote and gives them electors.
- 24th Amendment: eliminated poll taxes or income taxes during elections.
- 26th Amendment: lowered the voting age to 18.
Civil Rights Act of 1964
- Prohibited discrimination and segregation.
Voting Rights Act of 1965
- Eliminated literacy tests.
- Prohibited discrimination when voting.
- Perdurance requires federal government to be informed of and approve changes to voting laws.
Congress
- Congress makes laws and manages the federal budget.
Federalist 51
- Authored by James Madison to support the Constitution
- Promotes the separation of powers and checks and balances.
- Article 1 addresses the structure of Congress.
- Congress is bicameral, consisting of two separate chambers.
- Differences exist between the House and Senate.
House of Representatives
- Representation is based on population.
- Has 435 members.
- Members are more connected to the people they represent.
- Representatives must be 25 years old.
- Representatives serve a 2-year term.
- More responsive because they are always up for reelection.
Senate
- Representation is equal, with 2 senators per state.
- Has 100 members.
- Senators are less connected to the people they represent.
- Senators must be 30 years old.
- Senators serve a 6-year term.
- Has unlimited debates.
House and Senate differences
- The House has limited debates and is typically less bipartisan.
- The Senate can get more done and is insulated from public pressure.
Specific Powers of Congress
- Senate: tries cases of impeachment, confirms presidential nominations, ratifies treaties with a 2/3 majority.
- House of Representatives: initiates cases of impeachment, originates all revenue bills, and elects the President if the electoral college ties.
Congressional Caucuses
- Groups of members of Congress who come together to pursue common legislative objectives.
- Caucuses can be party-based, ideological, or issue-based.
Committees
- Standing Committee: a permanent committee.
- Joint Committee: a committee with members from both houses, such as the Library of Congress.
- Select Committee: a temporary committee.
- Conference Committee: resolves differences in bills, after which both houses must pass the revised bill.
Senate Committees
- Foreign Relations: deals with treaties.
- Finance: handles money and debt.
- Appropriations: appropriates federal funds.
- Judiciary: oversees the administration of justice.
House of Representatives Committees
- Rules: manages the process between committees and the floor.
- Ways and Means: handles taxation bills.
- Appropriations: appropriates federal funds.
- Judiciary: oversees the administration of justice.
Leadership in Congress
- President of the Senate (VP): breaks ties in the Senate.
- President Pro Tempore: from the majority party, presides if the VP is absent.
- Majority and Minority Leaders: spokespersons for their party's positions and coordinate legislative strategies.
- Majority and Minority Whips: round up party members for votes and step in when majority and minority leaders are absent.
Federal Spending
- Mandatory spending: Social Security and Medicare.
- Discretionary spending: programs like prisons and climate initiatives.
Congressional Behavior
- Voting Models:
- Delegate: Members should carry out constituents' wishes.
- Trustee: Members should make decisions based on their knowledge.
- Politico: Members balance their choices with the interests of their constituents and parties
- Partisanship indicates agreement between parties to pass legislation.
- Polarization: opinions in congress have become more extreme
- Gridlock: slow down or inability of Congress to legislate because both parties are divided.
- Lame Duck: period when Congress may block presidential initiatives and nominees.
- Redistricting: states redraw electoral district boundaries after each census.
- Gerrymandering: intentional use of redistricting meant to benefit a specific interest or group of voters
- Baker v. Carr 1962: established federal courts can hear cases about legislative districting, one person one vote
Shaw v. Reno 1993
- It Supreme Court ruled that racial gerrymandering violates the Equal Protection Clause.
- Congressional Oversight: Congress ensures executive branch agencies carry out policy/programs as intended.
- Sponsor: member of Congress who writes, presents, and supports a bill.
- Riders: additional items added to a bill.
- Pork barrel: negatively motivated earmarked funds for political gain/reelection.
- Omnibus: putting many bills into one bill that is then voted on.
- Log-rolling: agreement to vote for another's bill in exchange for a vote on one's own bill. Caucuses: groups of congress people organized around specific issues to promote the issue
Vocab Specific to House or Senate
- Committee of the Whole: open discussion on a bill to skip committee and quick to vote
- Discharge petition — petition to release bill from committee and bring it to the floor, needs majority to pass
- Filibuster: never stop talking to block a bill vote
- Cloture: can override a filibuster vote with 60 senators
Roles and Powers of the President
- Article II: Establishes the executive branch, responsible for enforcing laws.
- Informal Powers:
- Executive orders: issued to federal agencies, carrying the force of law without congressional approval.
- Agreements with foreign leaders/governments: made without congressional approval.
- Ability to influence Congress and build coalitions to pass legislation.
- Influencing the national policy agenda through speeches, proposals, or public statements
- Formal Powers:
- Deploy troops.
- Negotiate and sign treaties with Senate approval.
- Represent the U.S. in foreign affairs and recognize foreign governments.
- Appoint federal officials, recommend legislation, deliver the State of the Union address.
- Grant pardons, reprieves, and commutations.
- Ensure laws are faithfully executed and issue executive orders.
Roles of Prez and Vice Prez
- Prez: Commander in Chief of the Military, Voice of the People, Chief Diplomat, Chief Executive, Chief Manager of the Economy, Chief Legislator
- Vice Prez: Presides over the Senate and tie breaker, succeeds if prez dead, works with cabinet to declare prez unfit, advisor to prez, and represents the US at events
- Federalist 70: Alexander Hamilton argued for a strong executive for quick decisions in a democracy and to balance legislative power.
- The 22nd Amendment limits the president to 2 terms, ratified in 1951 to prevent too much power.
- Issue Networks: Webs of influence between interest groups, policy makers, and policy advocates.
- Political Patronage/Spoil System: Filling administrative positions as a reward for support, rather than on merit. Merit System (1883 Pendleton Civil Service Act): Hiring and promotion based on competitive testing, education, and other qualifications rather than politics
1883 Pendleton Civil Service Act
- Congress created 1st US Civil Service Commission, enforcing rules on hiring, promotion, and tenure.
- Discretionary authority: How agencies implement and interpret laws.
- Rule-making authority: Agencies can create, amend, or revoke rules and compel compliance.
- Executive Agencies: Includes TSA, Coast Guard, Border Patrol, Office of Head Start, and Space Development Agency.
- Departments: Includes Homeland Security, Transportation, Veterans Affairs, and Education.
- Independent Regulatory Agencies: Watchdog agencies the president cannot fire, like the EPA, Federal Election Commission, and Securities and Exchange Commission.
Loper v. Raimondo (2024)
- Overturned the Chevron deference doctrine.
- Courts now have more authority to decide how laws should be interpreted.
Holding the Bureaucracy Accountable
- Congressional oversight: Committee hearings, investigative power, control of the budget.
- Influence on presidential appointments.
- Ability to tinker with the agency's budget, hold hearings, rewrite legislation for more detail.
- Relationship of President to Bureaucracy: ideology & authority
- To Appoint the right people, issue Executive Orders, tinker with agency's budget, reorganize an agency's compliance monitoring
President Communication
- Bully Pulpit: President's ability to use their position and visibility to influence public opinion and promote their agenda.
- State of the Union: An anual speech to Congress to discusses country's current situation, achievements and future plans
- Allows presidents to directly communicate with the public, to promote politics respond to crisis emergencies and reach the people through social media
Checks on the President
- Cabinet: A group of advisors to the President, including heads of executive departments.
- Checks by Legislative and Judicial Branches:
- Legislative. Override vetoes, approve appointments and treaties, control budget
- Judicial review — courts can declare executive actions unconstitutional
Lifetime Supreme Court Appointments
- Makes it difficult for a president to exert long-term influence.
- Senate confirmation process: Nomination by the President, Committee Review, Committee Vote, Senate Debate, Final Vote.
- Judicial appointment process Includes a nomination by Prez, senate judiciary committee and questions for nominee's qualifications and legal views, committee Vote, full senate debate, then Senate Confirmation Vote
- War Powers Resolution (1973): Limits the president's power to send military forces into combat without Congress's approval
- US law limits the president's power to send military forces without Congress's approval for long.
War Power Resolution Rules
- After Vietnam war that prez has to inform congress 48 hours prior to sending troops
- Troops stay only for 60 days without congressional approval with additional 30 day withdrawal before Congress orders president from removing troop any time
The Judicial Branch
- Article III establishes the judicial branch in congress like Supreme Court laws plus power of courts to interpret laws and rules
- Federalist 78 establishes roles of judicial branch
- Marbury v. Madison (1803): Established judicial review, allowing the Supreme Court to review the power of Congress and the President.
- Judicial Review empowers the courts to decide if laws follow constitution (unconstitucional = struck down)
- District Courts: trial courts where most federal law cases happen with depending of geographics
- Supreme Court has the authority to interpret the constitution and review all cases
- Precedent is a past court case that serves decision making base for future Stare Decisis the doctrine that courts go to before making a decision writ of certiorari requests the document that asks higher courts to review decisions
- Rule of Four means there needs to be four justice votes for a approval
Opinions
- Majority Agreed upon more than half of the judges for votes and to concur
- Agrees with majority but but there are dissenting judge disagreements also
- Strict interprets constitution to literal text and intent while liberal interprets constitution broadly with more flexibility or Judicial Activism.
- Judicial Activism judges policies to make them strike down Legislative Checks means amend laws + try justice limits executive orders but execs judges ""Nuclear Option" - parlimentary procedure that allows override any law that standing by majority
- The Bill of Rights
- Civil Rights are legal protections that guarantee equal treatment under the law including personal freedoms
The Bill of Rights includes
- Religion
- Speech
- Press
- Bear Arms
- Trial by Jury
Bill of Rights breakdown
- 1st Amendment: Freedom of speech, religion, press, assembly, and petition.
- 2nd Amendment: Right to bear arms.
- 3rd Amendment: No quartering of soldiers.
- 4th Amendment: Protection against unreasonable searches and seizures.
- 5th Amendment: Rights in criminal cases, including due process and protection against self-incrimination.
- 6th Amendment: Right to a fair and speedy trial, an attorney, and to confront witnesses.
- 7th Amendment: Right to a jury trial in civil cases (money or property).
- 8th Amendment: Protection against cruel and unusual punishment and excessive bail or fines.
- 9th Amendment: People have rights beyond those listed in the Constitution.
- 10th Amendment: Powers not given to the federal government belong to the states or the people.
1st Amendment Religion
- Establishment Clause: Prevents the government from establishing a national religion
- Free Exercise Clause
1st Amendment Speech
- Clear and Present Danger: Limitations when there's a threat to safety or public interest is serious and immediate
- Brandenberg vs Ohio Speech: Violation against Brandenburg's right to free speech
- Symbolic Speech includes Prior Restraint and obscene speech that are nonverbal actions that doesn't protect
- Time, Place and Manner for restrictions on when and where to express when or how
- 2nd Amendment Right to Bear Arms from Arms sales through act
There are few law acts
- National Firearms Act regulates manufacture sales to firearms
- Gun Control Act regulates guns in US
- Brady Act needs backgroud checks for guns, but Supreme Court posses firearms for self defences in home.
Balancing Indvid Freedom
- Law enforcement suspecting some carrying weapons is both 2nd Amend rights protected while while the 4th right against unreasonable searches
- 8th amendment -> applied through the 14th amendment and
- the right of states to cannot impose cruel or unusual punishments by incorparation
- Selective Incorporation the state process to protect rights of states and federal
- Due Process Clause Guarantees that state governments cannot take away a person's life, liberty, or property without certain
- 14th Amendment Guarantees citizenship + protection under the law for those born in the US Amendments: Due Process and the Right to Accused through Procedural law
Substantive Due Process
- that people are treating fair + government protects the act to follow
- Exclusionary Rule
- Miranda act means right to the remain silence
- and rights to the privacy in the US through Connecticut act
Roe vs Wade
Norma McCorvey case filed against abortion which the constituional protect the right against interference overturned Hyde Amendment restricts from being used
- 9th Amendent protects freedom from what the consition says
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