Congress: Powers and Behavior Quiz

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Questions and Answers

What type of voting involves bringing home funds to a congressman's district?

Policy voting

Casework voting

Allocative voting (correct)

Symbolic voting

Which of the following accurately describes hyperpartisanship?

Balancing national interest with local concerns

Collaboration between major political parties

The incorporation of diverse political views in decision-making

An extreme form of partisanship that emphasizes party loyalty over compromise (correct)

What is required for a bill to be sent to the president?

A simple majority in the Senate is sufficient

The president must draft the bill for Congress to consider

Both houses of Congress must pass identical versions of the bill (correct)

It must pass only in the House of Representatives

What is one of the implications of Congress having a separate House and Senate?

Fragmentation and lack of unified authority in legislative processes Signup and view all the answers

What are the terms for senators and representatives, respectively?

6 years for senators, 2 years for representatives Signup and view all the answers

What portion of Congress is responsible for representing the interests of their constituents?

Both the House and the Senate Signup and view all the answers

Which of the following best describes the relationship between Congress and national lawmaking?

Congress creates laws aimed at the public good while balancing constituent interests Signup and view all the answers

Which committee in the House of Representatives manages debate rules and speaker assignments?

Rules Committee Signup and view all the answers

What scenario might cause a president to act boldly during their presidency?

The absence of presidential immunity Signup and view all the answers

Which statement best describes the adversarial legal system?

It promotes the idea that guilt must be proven beyond a reasonable doubt. Signup and view all the answers

What does the common-law tradition primarily rely on?

Previous court decisions Signup and view all the answers

Which scenario illustrates the concept of political power in a presidential context?

Declining to take responsibility for a government scandal Signup and view all the answers

What role do precedents play in the American legal tradition?

They guide judges in interpreting new laws. Signup and view all the answers

What is a key difference between criminal law and civil law?

Criminal law deals with public offenses; civil law focuses on private disputes. Signup and view all the answers

Which of the following statements about the nature of presidential power is true?

It relies heavily on persuasion. Signup and view all the answers

What is a common criticism of the American litigious system?

It can result in unfair advantages for wealthier parties. Signup and view all the answers

What is the primary purpose of the House Rules Committee?

To set rules for floor debates and voting Signup and view all the answers

Which statement most accurately describes the filibuster in the Senate?

It allows for unlimited debate on any bill Signup and view all the answers

What characteristic is commonly associated with incumbents running for re-election?

Higher chances of winning due to name recognition Signup and view all the answers

What is considered a 'veto-gate'?

A stage where legislation can be stalled or defeated Signup and view all the answers

What role do standing committees serve in the legislative process?

They interpret laws within specific policy areas Signup and view all the answers

Which of the following accurately describes the influence of political parties in Congress?

They control the agenda and influence legislative rules Signup and view all the answers

What commonly contributes to the success of incumbents during elections?

Higher public visibility due to prior service Signup and view all the answers

What is the role of subcommittees in the legislative process?

They focus on specific issues within the jurisdiction of larger committees Signup and view all the answers

Which characteristic is least likely to be associated with most officeholders?

Diverse racial backgrounds Signup and view all the answers

Which of the following best explains the concept of 'cloture' in the Senate?

A procedure to limit debate and force a vote Signup and view all the answers

What is the primary function of U.S. District Courts?

To hold cases with original jurisdiction Signup and view all the answers

What does the power of certiorari allow the Supreme Court to do?

Choose which cases they will hear Signup and view all the answers

How are federal judges primarily selected?

By the president of the United States Signup and view all the answers

Which ideology argues that the Constitution should be interpreted as a living document?

Interpretivism Signup and view all the answers

What is Judge/Jurisdiction shopping?

Choosing a favorable court to hear a case Signup and view all the answers

What is the role of the Senate in the confirmation of federal judges?

They confirm the appointments with a simple majority Signup and view all the answers

Which of the following courts has original jurisdiction on national vs. state disputes?

The Supreme Court Signup and view all the answers

What is a significant aspect of how the Supreme Court operates politically?

It chooses which cases to hear based on broader implications Signup and view all the answers

What is required for a case to be heard by the Supreme Court according to the rule of four?

Four justices must agree to hear the case Signup and view all the answers

Which of the following describes judicial activism?

Seeking to bring about change through judicial rulings Signup and view all the answers

What factor does NOT restrain judicial actions in deciding cases?

Political ideology of justices Signup and view all the answers

What is a potential limitation of the 'shadow docket'?

It often lacks a written opinion Signup and view all the answers

What does the term 'amicus curiae' refer to in judicial proceedings?

A brief submitted by a friend of the court Signup and view all the answers

What is required for a case to have standing in court?

The individual must have a direct interest in the outcome Signup and view all the answers

Which of the following is NOT typically a reason for the Supreme Court to refuse to hear a case?

The case lacks significant public interest Signup and view all the answers

Which judicial philosophy emphasizes respect for precedent?

Judicial restraint Signup and view all the answers

Study Notes

Forces Shaping Congressional Behavior

Representation: Congress members represent their constituents, whether they voted for them or not.
- Types of Voting: Policy, Allocative, Casework, and Symbolic.
National Lawmaking: Congress makes laws intended for the "public good," which can be national or specific to their constituents.
Partisanship: Loyalty to political parties
- Hyperpartisanship: Extreme polarization where party loyalty overshadows compromise.

Congress: Powers and Responsibilities

Article I, Section 8: Outlines congressional power.
Formal Structures:
- Senate: 2 senators per state (100 total), 6-year terms, vote on judges.
- House of Representatives: Representatives based on population (435 total), 2-year terms, act as district agents.
- Implications: Organization, deliberation, and constituent representation.
- Rules Committee (House): Controls debate length, speaker selection, and legislative strategy.
Checks and Balances: Congress holds influence over other branches of government.
Relationship with Other Branches: Collaboration between the House and Senate leads to significant power for Congress.

Lawmaking: Organizational Features

Separate Houses: Both House and Senate must pass identical bills for presidential review.
Fragmentation: Lack of unified authority within Congress.
Norms of Conduct: Unwritten rules guiding behavior, like emphasizing hard work for new members.
Agenda Setting: Majority party leadership determines a list of proposals or priorities.
Legislative Process:
- Introduction: Ideas are proposed in Congress.
- Committee/Subcommittee: Hearings and amendments are made.
- Floor Debate and Voting: Majority vote required for passage.
- House Rules Committee: Controls debate process in the House.
- Senate Filibuster: Unlimited debate tactic, requiring a 3/5th vote (supermajority) to end debate.
- Arguments for Filibuster: Promotes discussion and requires supermajority for passage.
- Arguments Against Filibuster: Unconstitutional, empowers minority to block legislation, burdens majority.
"Veto-Gates": Points in the process where legislation can be stopped (subcommittees, floor votes, judicial review, filibuster, presidential veto).

Lawmaking: Committee System

Standing Committees: Permanent committees focused on specific policy areas.
- Jurisdiction: Policy or issue area expertise.
- Interpreting the Law: Authority to interpret legislation within their area.
- Gatekeeping: Control over which bills are considered.
- House Rules Committee: Controls debate in the House.
- After-the-Fact Influence: Post-legislation oversight.
Subcommittees: Smaller groups within standing committees.

Lawmaking: Leadership

Role of Political Parties: Central role in setting rules and agenda.
Party Leadership in the House:
- Party Caucus (Democrats) / House Republican Conference (Republicans): Group meetings for party members.
- Speaker of the House: Leader of the House.
- Majority and Minority Leaders: Party leaders in the House, setting agenda and strategy.
- Majority and Minority Whips: Enforce party discipline and count votes.
Party Leadership in the Senate:
- Majority/Minority Leaders: Party leaders, guiding legislative priorities.
- Assistant Majority/Minority Leaders: Support party leaders.
Importance of Majority Party: Controls the agenda and policy priorities.

Representation: Characteristics of Officeholders

Incumbents: Current officeholders who usually win re-election due to name recognition and fundraising advantages.
Other Characteristics:
- Occupation: Lawyers are common, especially those with advanced degrees.
- Education: High levels of education, often advanced degrees.
- Income: Higher incomes compared to the average population.
- Race and Gender: Predominantly white males.
- Does It Matter?: Motivations and official conduct are difficult to use as evidence in legal cases, especially for the President who has immunity.

Presidential Politics

Exercising Power:
- Nature of the Political System: Presidential power is based on persuasion.
- Nature of Presidential Power: Persuasion is a key tool for presidential influence.
- Context of Presidential Power: Power fluctuates based on current events and public opinion.
- Expectations: Presidents need to be strategic and manage public perceptions.

Law and the American Legal System

Role of Law in Democratic Societies: Provides stability, conflict resolution, certainty, and a framework for fairness.
American Legal Tradition:
- Precedent: Following previous court decisions in similar cases.
- Common-Law Tradition: Developing legal principles through case precedents.
- Judges Create Law: Judges make decisions that set legal precedents.
- Adversarial System: Competition between defendant and plaintiff, with a presumption of innocence.
- Litigious System: High rates of lawsuits and reliance on the courts to protect rights.
Kinds of Law:
- Substantive: Outlines rights and duties.
- Procedural: Determines fairness and legal process.
- Criminal: Deals with actions against the public (e.g., theft, murder).
- Civil: Resolves disputes between individuals or entities (e.g., contract issues, personal injury).

Federal Courts

District Courts: 94 courts with 663 judges, handling original cases (civil and criminal) and initial trials.
U.S. Courts of Appeal: 13 circuit courts, reviewing cases from lower courts.
Selection of Federal Judges: President nominates, Senate confirms.
Judge/Jurisdiction Shopping: Strategic selection of courts and judges, sometimes due to bias concerns.

The Supreme Court: A Political Institution

Selection of Members:
- Merit/Experience: Legal expertise, judicial record, and experience.
- Political Ideology: Alignment with president's political beliefs.
- "Legal" Ideology:
  - Originalism: Strict interpretation based on Framers' intentions.
  - Interpretivism: Flexible interpretation based on evolving societal values.
- Representation: Considerations of diversity and representation.
- Confirmation by the Senate: Simple majority vote required.
Choosing Cases:
- Original Jurisdiction: Limited cases, often disputes between states.
- Power of Certiorari: Supreme Court's discretion to choose appeals from lower courts.
  - Judge's Bill (1925): Authorized Court to select cases.
  - Olmstead v. United States (1928): Established the power to limit review to specific questions.
  - Implications: Court controls the questions asked and the direction of the case.
- Case-Specific Factors: Actual legal conflict, standing, previous handling, and legal readiness.
- Role of Law Clerks: Help research and recommend cases to be heard.
- Rule of Four: Four judges must agree to hear a case for it to be accepted.
- Other Influences: Friend-of-the-court briefs, judicial attitudes, beliefs.
Deciding Cases:
- Judicial Attitudes/Philosophy:
  - Judicial Activism: Willing to overrule precedents and make societal changes.
  - Judicial Restraint: Respect for precedent, minimal change in the legal system.
  - Restraining Factors:
    - Stare decisis (precedent)
    - Actual cases (waiting for appropriate legal controversies)
    - Court of last resort (final judicial decision)
    - Constitutional issues at stake
    - Avoiding political questions
    - Narrow rulings (focused on immediate case, limiting broad impact)
- Political Ideology: Conservative vs. liberal views.
- External Factors: Actions of other branches of government.
- Writing Opinions: Majority opinion, dissenting opinions, concurring opinions.
- Shadow Docket: Cases decided without full oral arguments or detailed opinions, increasing in use.
Political Effects:
- "Above Politics": Perception of the Court as impartial, though decisions have political impact.

Questioning the Legitimacy of the Supreme Court

Selection of Cases: Concerns about the Court's discretion in choosing cases.
Petitioning vs. "Picking" Cases: Lack of transparency in how the Court selects cases.

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Description

Test your knowledge on the forces that shape congressional behavior, including representation, national lawmaking, and partisanship. Explore how formal structures like the Senate and House of Representatives operate and their implications for governance. This quiz will challenge your understanding of congressional powers as outlined in the Constitution.