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Questions and Answers
What percentage of bills typically die in committees?
What percentage of bills typically die in committees?
What is the primary role of a filibuster in the legislative process?
What is the primary role of a filibuster in the legislative process?
What is the main difference between an 'open rule' and a 'closed rule' in the House?
What is the main difference between an 'open rule' and a 'closed rule' in the House?
How can a filibuster be ended?
How can a filibuster be ended?
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What is the process called when Congress overrides a veto?
What is the process called when Congress overrides a veto?
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Which chamber of Congress has the power of advice and consent?
Which chamber of Congress has the power of advice and consent?
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What are executive orders primarily used for?
What are executive orders primarily used for?
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What constitutes a pocket veto?
What constitutes a pocket veto?
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What is the primary role of the plaintiff in both criminal and civil cases?
What is the primary role of the plaintiff in both criminal and civil cases?
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Which type of jurisdiction allows a court to hear a case for the first time?
Which type of jurisdiction allows a court to hear a case for the first time?
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What happens when a Court of Appeals determines that the law was not applied correctly?
What happens when a Court of Appeals determines that the law was not applied correctly?
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Which body of government has the authority to create inferior courts?
Which body of government has the authority to create inferior courts?
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In a plea bargain, what is typically exchanged between the defendant and the prosecution?
In a plea bargain, what is typically exchanged between the defendant and the prosecution?
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What is the purpose of the U.S. Courts of Appeals?
What is the purpose of the U.S. Courts of Appeals?
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What does judicial review allow the Supreme Court to do?
What does judicial review allow the Supreme Court to do?
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How many Supreme Court Justices are currently on the Court?
How many Supreme Court Justices are currently on the Court?
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What is meant by a bicameral legislative body?
What is meant by a bicameral legislative body?
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Why do Senators have longer terms than members of the House of Representatives?
Why do Senators have longer terms than members of the House of Representatives?
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What does the term 'power of the purse' refer to?
What does the term 'power of the purse' refer to?
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What is casework in the context of Congress?
What is casework in the context of Congress?
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What distinguishes descriptive representation from substantive representation?
What distinguishes descriptive representation from substantive representation?
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What is the purpose of minority whips in Congress?
What is the purpose of minority whips in Congress?
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What is meant by ‘pork barrel legislation’?
What is meant by ‘pork barrel legislation’?
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What is the role of the president pro tempore in the Senate?
What is the role of the president pro tempore in the Senate?
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What is required for Congress to override a presidential veto?
What is required for Congress to override a presidential veto?
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What is the primary function of the Executive Office of the President (EOP)?
What is the primary function of the Executive Office of the President (EOP)?
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Which statement best defines 'advice and consent'?
Which statement best defines 'advice and consent'?
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What are recess appointments?
What are recess appointments?
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How do modern presidents increase their power through 'going public'?
How do modern presidents increase their power through 'going public'?
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What role does the Vice President primarily serve?
What role does the Vice President primarily serve?
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Which of the following is NOT a characteristic of bureaucracies?
Which of the following is NOT a characteristic of bureaucracies?
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What is the primary purpose of the Office of Management and Budget (OMB)?
What is the primary purpose of the Office of Management and Budget (OMB)?
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Study Notes
Congress
- Article I of the U.S. Constitution establishes the legislative branch of government, Congress. The Founding Fathers listed this branch first because they believed it to be the most important.
- Congress' main functions are to make laws, declare war, approve treaties, and raise and spend money.
- A representative is someone who acts on behalf of others.
- Bicameral means a legislative body is divided into two chambers. The U.S. has a bicameral legislature because it allows for checks and balances between the two chambers.
- A constituent is a person represented by an elected official.
- Congress has the power to declare war, raise an army and navy, regulate commerce, coin money, establish post offices, and create federal courts, among other things.
- The House of Representatives has 435 members, and the Senate has 100 members.
- House members serve two-year terms, and Senators serve six-year terms. Senators have longer terms to offer more stability and allow them to develop expertise.
- To be a member of the House of Representatives, a person must be at least 25 years old, have been a U.S. citizen for at least 7 years, and live in the state and district they represent. To be a Senator, a person must be at least 30 years old, have been a U.S. citizen for at least 9 years, and live in the state they represent.
- The House of Representatives has the power to initiate all revenue bills, and the Senate has the power to confirm presidential appointments and ratify treaties.
- The power of the purse means Congress has the power to raise and spend money.
- A delegate is an elected official who acts as a mouthpiece for their constituents, voting in accordance with their constituents' views. A trustee is an elected official who acts in the best interests of their constituents, even if it means going against what their constituents want.
- Descriptive representation is when an elected official reflects the characteristics of their constituents (e.g., race, gender, ethnicity). Substantive representation is when an elected official represents their constituents' interests, regardless of their own characteristics.
- Congressional members act as their constituents' agents by performing casework, or helping their constituents with personal problems related to the government.
- The U.S. population is diverse, but Congress is not an accurate reflection of it, with representation being concentrated in certain occupations.
- Many members of Congress share the occupation of lawyer before being elected.
- Casework is the work done by legislators to help their constituents with personal problems related to the government. Legislators engage in casework to build goodwill with their constituents, increase political support, and demonstrate responsiveness to their concerns.
- The three major factors affecting who gets elected to Congress are incumbency, money, and name recognition.
- The sophomore surge is the tendency for members of Congress to receive more votes when running for re-election for the first time than they did in their initial election.
- The incumbency rate in the House is much higher than in the Senate because House constituents are much more familiar with their representatives, and there is more party discipline in the House, making it easier for representatives to secure reelection.
- Safe districts are districts where one party has a strong advantage and is likely to win the election.
- Apportionment is the process of allocating seats in the House of Representatives to states based on their population. Reapportionment is the process of reallocating seats in the House of Representatives to states after a census. The United States engages in this process to ensure fair and equal representation based on population changes.
- Redistricting is the process of drawing new boundaries for congressional and state legislative districts. Gerrymandering is the process of redrawing district boundaries for political gain, often to give one party an advantage in elections.
- Direct patronage is the practice of providing government jobs or favors to supporters and allies.
- Pork Barrel legislation is legislation that directs federal funding to specific projects in a legislator's district.
- Private bills are bills that deal with the specific concerns of individual people or groups.
- The House has a speaker, who is the leader of the majority party. The Speaker presides over the chamber, appoints members to committees, and sets the legislative agenda. The Senate has a president, who is the vice president of the United States. The president presides over the Senate, can break ties, and can cast a deciding vote.
- The president pro tempore is the presiding officer of the Senate in the absence of the vice president. The president pro tempore is selected by the Senate and is typically the most senior member of the majority party.
- The real power in the Senate and the House is held by the majority leaders.
- Partisanship affects the leadership of the House and the Senate by creating a divide between the majority and minority parties, making it difficult to pass legislation that is supported by both sides.
- The majority whips work to ensure their party's members vote in line with the party's goals. The minority whips work to ensure their party's members are informed about legislation and vote in a unified way.
- The four types of committees in Congress are standing committees, select committees, joint committees, and conference committees.
- Congressional subcommittees are smaller groups within standing committees that specialize in specific areas.
- A bill is a proposed law. Bills must be introduced in the House or Senate, then go through a complex process to become law.
- Committee markup is the process of amending a bill in committee.
- When a bill is introduced in the House or Senate, it is given to the appropriate committee.
- A large percentage of bills (about 90%) die in committee.
- The open rule allows amendments to a bill to be offered from the floor. The closed rule prohibits amendments to a bill.
- A filibuster is a tactic used by a senator to delay or block a vote by speaking continuously on the floor.
- A filibuster can be ended with a cloture vote, which requires a three-fifths (60) majority of the Senate to end debate.
- A veto is when the president rejects a bill passed by Congress. A pocket veto is when the president does not sign a bill within 10 days of receiving it while Congress is in session.
- A veto can be overridden by a two-thirds majority vote in both the House and Senate.
- Congressional voting behavior is influenced by many factors, including party affiliation, constituent pressure, and personal values.
- Advice and consent is the power of the Senate to confirm presidential appointments.
- The legislative branch checks the judicial and executive branches by overriding presidential vetoes, confirming presidential appointments, and impeaching and removing federal officials from office.
- Congressional oversight is Congress' responsibility of monitoring and reviewing government agencies and the executive branch.
- The House initiates impeachment proceedings, and the Senate conducts the impeachment trial.
The Presidency
- Article II of the U.S. Constitution establishes the executive branch of government, which is headed by the president.
- To be president, a person must be at least 35 years old, a natural-born U.S. citizen, and have lived in the United States for at least 14 years.
- Executive privilege is the right of the president to withhold information from Congress or the courts.
- The 22nd Amendment limits a president to two terms in office.
- The president's powers include appointing federal judges, commanding the armed forces, negotiating treaties, and granting pardons.
- The War Power Resolution limits the president's ability to use military force without congressional approval.
- The president's powers are classified into four categories: expressed powers, delegated powers, inherent powers, and implied powers.
- Expressed powers are powers explicitly granted to the president by the Constitution.
- Inherent powers are powers not explicitly mentioned in the Constitution but are assumed to be necessary to carry out the president's responsibilities.
- Delegated powers are powers granted to the president by Congress.
- Implied powers are powers that are not explicitly stated in the Constitution but that are necessary to carry out the expressed powers.
- The president can influence the federal judicial process by appointing federal judges, granting pardons, and issuing executive orders.
- The president's legislative power is limited: They can recommend legislation to Congress but cannot create laws themselves.
- The president's power to issue executive orders allows them to bypass Congress to implement certain policies.
- With executive agreements, the president can bypass the Senate by making an agreement with another country without the Senate's approval.
- Presidents are more likely to make treaties and executive orders when they are popular with the public and have a strong majority in Congress.
- A veto is when the president rejects a bill passed by Congress.
- A pocket veto occurs when the president does not sign a bill within 10 days of receiving it while Congress is in session, essentially killing the bill.
- Pocket vetoes cannot be overridden.
- The unitary executive theory argues that the president has the power to control the entire executive branch, including all federal agencies.
- Advice and consent is the Senate's power to confirm presidential appointments.
- Recess appointments are presidential appointments made while Congress is not in session.
- There are 15 executive departments, also known as "cabinets" in the federal government, and each department has a cabinet secretary who heads it. There is also a "kitchen cabinet," which is a group of informal advisors to the president.
- Cabinet secretaries are selected by the president and approved by the Senate.
- The White House staff is a group of advisors and aides who provide assistance to the president.
- Modern presidents have become more powerful through the development of the Executive Office of the President, increased use of executive orders, and the use of popular mobilization to influence public opinion.
- The vice president's main political value is their ability to break ties in the Senate.
- The constitutional duties of the vice president are to be the president of the Senate and to assume the presidency if the president becomes incapacitated or dies.
- The line of succession for the president is the vice president, the speaker of the House, the president pro tempore of the Senate, and other designated officials.
- Presidential approval is a measure of how popular the president is with the public.
- The president's honeymoon period is a time of high approval ratings at the beginning of their term. The lame-duck year is the last year of a president's term, when their approval ratings tend to decline.
- The Office of Management and Budget (OMB) assists the president in developing the federal budget. The Council of Economic Advisers provides the president with economic advice. The National Security Council advises the president on national security policy.
- Signing statements are statements issued by the president when signing a bill into law, explaining their interpretation of the law.
- The executive branch checks the judicial and legislative branches by vetoing legislation, appointing federal judges, and enforcing court decisions.
Bureaucracy in a Democracy
- The federal bureaucracy is a large, complex system of government agencies that carries out the laws and policies of the federal government.
- "Street-level" bureaucrats are bureaucrats who directly interact with the public.
- Bureaucrats implement laws and policies, collect taxes, provide services, and regulate various aspects of society.
- The federal bureaucracy has the power to make rules because it has been delegated the power to enforce laws.
- Key characteristics of bureaucracies include a hierarchical structure, a division of labor, written rules and regulations, and impersonal relationships.
- The 15 departments in the federal government are the Department of Agriculture; Department of Commerce; Department of Defense; Department of Education; Department of Energy; Department of Health and Human Services; Department of Homeland Security; Department of Housing and Urban Development; Department of Interior; Department of Justice; Department of Labor; Department of State; Department of Transportation; Department of Treasury; and Department of Veterans Affairs.
- The oldest department is the Department of State, and the newest department is the Department of Homeland Security.
- The heads of the departments are called cabinet secretaries, and they are selected by the president and approved by the Senate.
- Independent agencies are agencies that are not part of a cabinet department but are still part of the executive branch. Government corporations are government-owned businesses, and independent regulatory commissions are agencies that regulate specific industries.
- The Pendleton Civil Service Reform Act of 1883 established the merit system, which replaced the spoil system.
- The merit system is a system for hiring and promoting government employees based on merit, qualifications, and performance. The spoil system is a system for hiring and promoting government employees based on political loyalty and support.
Federal Courts/ Judicial Branch
- Article III of the U.S. Constitution establishes the judicial branch of government, which is headed by the Supreme Court.
- The purpose of the Judicial Branch is to interpret the law and to ensure that laws are constitutional.
- The plaintiff is the party who initiates a lawsuit. The defendant is the party that is being sued.
- Criminal laws are laws that prohibit certain actions and set punishments for those who break the law. Civil laws govern relationships between private parties.
- In criminal cases, the government is the plaintiff, and in civil cases, individuals or organizations are the plaintiffs.
- Plaintiffs in criminal cases cannot appeal the decision.
- A plea bargain is an agreement between a prosecutor and a defendant in which the defendant pleads guilty to a lesser charge in exchange for a reduced sentence.
- State courts have jurisdiction over cases that arise within their state. Federal courts have jurisdiction over cases that involve federal law or disputes between citizens of different states.
- State courts hear a majority of cases in the U.S..
- Precedent is a decision made by a court that serves as a rule for future cases. Stare decisis is the legal doctrine that says courts should follow precedents when deciding cases.
- The U.S. legal system is based on precedent to provide consistency and predictability in the application of law.
- Jurisdiction is the authority of a court to hear a particular case. Original jurisdiction is the authority of a court to hear a case for the first time. Appellate jurisdiction is the authority of a court to review a decision made by a lower court.
- The Supreme Court has both original and appellate jurisdiction.
- Federal courts hear cases involving federal laws, disputes between citizens of different states, and cases involving the U.S. government.
- U.S. District/Trial Courts are the trial courts of the federal court system. U.S. Courts of Appeals review decisions made by the District/Trial Courts.
- When a Court of Appeals determines that the law was not applied correctly in a case, it can overturn the decision.
- When a Court of Appeals decides that the law was applied correctly, it will uphold the decision of the lower court.
- The three types of federal courts are District/Trial Courts, Courts of Appeals, and the Supreme Court.
- There are 94 U.S. District/Trial Courts, 13 U.S. Courts of Appeals, and one Supreme Court.
- There are approximately 677 district court judges and about 179 appellate court judges.
- There are 13 appellate circuits in the U.S.
- Texas is in the 5th Circuit.
- One judge usually hears a case in U.S. District/Trial Courts.
- District courts are called trial courts because they hear cases for the first time.
- The U.S. District/Trial Courts and the U.S. Courts of Appeals are called inferior courts because they are below the Supreme Court.
- The U.S. District/Trial Courts and the U.S. Courts of Appeals are not discussed in the U.S. Constitution. The legislative branch created these inferior courts.
- About 90% of cases are heard in U.S. Appellate courts.
- Usually 3 judges hear a case in Appellate courts.
- Congress sets the number of Supreme Court Justices.
- There are nine Supreme Court Justices.
- The Chief Justice of the Supreme Court presides over the court and has the power to assign opinions to other Justices.
- The Supreme Court has original jurisdiction in cases involving two or more states, cases involving the U.S. government, and cases involving foreign ambassadors. It also has appellate jurisdiction in cases involving federal law.
- Federal judges are appointed by the president and confirmed by the Senate. Federal judges serve lifetime appointments.
- According to the U.S. Constitution, there are no formal qualifications for being a federal judge.
- Judicial review is the power of the Judicial Branch to declare laws unconstitutional.
- Marbury v. Madison established judicial review.
- The Supreme Court can declare laws created by states unconstitutional.
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