American Government Exam 2 Study Guide PDF

Introduction to American Government Exam 2 Study Guide Dr. Ringsmuth Congress Key terms: plurality vote, proportional representation, bicameral, delegate, trustee, constituents, reapportionment, redistricting, gerr...

Introduction to American Government Exam 2 Study Guide Dr. Ringsmuth Congress Key terms: plurality vote, proportional representation, bicameral, delegate, trustee, constituents, reapportionment, redistricting, gerrymandering Institutional design and structure of Congress o How members are elected Plurality vote: the candidate who polls more votes than any other candidate is elected. Winner takes all system. (Single member districts, no proportionality per votes) Proportional representation: seats awarded to parties in proportion to percentage of votes received. (NOT USED) E.g., single-member districts o Bicameral structure o Potential for divided government o Trends in public views about Congress Congress and Electoral System U.S. Congress and president elected independently Allows for divided government. (I.e. Biden and the republicans) Vs. parliamentary systems. (Separate elections in U.S.) Members of Congress elected by plurality vote Single member district. Whoever gets most votes wins. Winner takes all system. (Single member districts, no proportionality per votes) Vs. proportional representation -> seats awarded to parties in proportion to percentage of votes received. U.S. Bicameral System Power diffused among many people. Each chamber serves different constituents. Today’s Congress Public sees Congress as ineffective. Congressional approval generally low.  Recently 19%  But people generally like their representatives. (Blames someone else, positive image with their constituents)  Political parties play a large role. Two primary functions: 1. Representation. 2. Lawmaking. Representation o Theories and forms of representation (delegate, trustee, etc.) o How members of Congress compare to the general population o Motivation to be reelected and how that shapes members’ behavior Theories and forms of representation (delegate, trustee, etc.) Delegate: strictly follows constituent preferences. Trustee: exercises discretion in the broad interest of constituents. How members of Congress compare to the general population Metrics compared to population. Congress doesn’t look like the population. Education Military experience Ethnicity Gender Motivation to be reelected and how that shapes members’ behavior How can we understand members’ behavior? ✓ Goal: single-minded seekers of reelection. (Assumption for theoretical purposes). Be familiar with advertising, credit claiming, and position taking o Congressional districts and the re-apportionment process o Redistricting Advertising Working to create a favorable image for yourself using messages with little or no issue content. Akin to a brand name: Ribbon-cutting ceremonies. (Not taking responsibility but taking pictures) Congratulatory communication. (Congratulating high school graduates) Spending time in the district. (Being seen, create a positive impression) Credit Claiming Working to create the belief that you are personally responsible for a desirable government action. Individual accomplishment.  Particularized benefits. Examples: Pork barrel legislation -> bills with special projects for a member’s district Bill (co)sponsorship Casework (start a case to figure out benefits) Position Taking Public statements designed to stake out a popular position. Focus on words, not actions. Floor speeches (saying, not doing) Can include roll call votes. Popular press books. (Much more words, fewer actions) Understanding Members’ Behavior Desire to be reelected -> decisions and choices Members will advertise, claim credit, and take positions that facilitate reelection. These calculations also shaped by their constituents: Statewide office vs. smaller districts. Rep. from OKC vs. Senator for state of OK. Congressional district boundaries may change Congressional districts and the re-apportionment process o Redistricting Reapportionment: occurs after each census. May alter the number of House seats each state has. If so, influences electoral votes. Redistricting: States set district boundaries after reapportionment. Must have equal population. Race cannot be predominant consideration: No deliberate majority-minority districts. ONLY APPLIED TO THE U.S. HOUSE OF REPRESENTATIVES. Gerrymandering: Drawing districts to give one party a disproportionately large of seats. Role of party politics Lawmaking Key differences between House and Senate and how they operate E.g., terms of office, pace of action, party power HOUSE SENATE MEMBERS 435 100 TERM 2 YEARS 6 YEARS (STATION) CONSTITUENCY DISTRICT STATE MINIMUM AGE 25 30 CITIZENSHIP At least 7 years At least 9 years RULES Less flexible More flexible PARTY CONTROL Stronger Weaker FLOOR DEBATE Faster Slower (filibuster) POWER Hierarchical More even o Committee system and the role of committees in Congress o The Committee System Committees do heavy lifting on most bills. Generally control survival of legislation. Standing committees E.g., Judiciary, Homeland Security. Seniority based. Stable membership → facilitates specialization. ➔ Party ratios generally reflected. ➔ Majority party ensures it has advantages. Be familiar with the 5 steps in how a bill becomes a law o How and why the legislature faces a bias against action 5-step process: 1. Introduction: A member submits proposed legislation. Includes full text. 2. Committee Review: Referred to committee based on subject matter. Hearings: gather info and views from experts. Markup: make suggested changes and/or amendments. Report. 3. Chamber consideration: Rules govern:  ➔ How members discuss a bill (e.g., tine allotted) ➔ Whether amendments can be offered. Chamber votes. 4. Conference Committee: Each chamber must pass identical bills. Bicameral, bipartisan committee (conference committee) Reconciles (i.e., resolves differences) between House and Senate Versions. Any changes must be passed by both chambers. 5. Send to President: Approved bill sent to President President may: ➔ Sign – becomes law ➔ Veto – returned to Congress Congress may override with 2/3 votes ➔ Take no action – becomes law after 10 days if Congress is in session. If Congress is NOT in session, bill does NOT become law. Bias Against Action Different constituencies lead to competing interest for members. Bicameral structure slows lawmaking. Passage requires a sequence of victories. Opponents need only win one stage to defeat a bill. Executive Key terms: electoral college, elector, indirect election, inauguration, battleground/swing state The Framers’ vision and intentions for the presidency o Advantages and disadvantages of consolidating power in a single executive o How U.S. president compares to executives in other countries E.g., single leader vs. dual executive Framers designed presidency to: Allow for quick and decisive action during crisis. Have power recede when crisis ends. Rejected plural executive (Federalist 70) It “tends to conceal faults and destroy responsibility.” Opted for a single leader. Many other democracies have dual executives: One person as head of state.  One person as head of government. U.S. Presidents enjoy legitimacy of election by the people (though indirectly) and have fixed terms. Prime Ministers are elected by parliament and remain as long as they have majority support. Rules of the game o How president is elected Indirect election via Electoral College. Designed as a check on the people. The Process of Becoming a President Primary election —> nomination by a political party. (Party conventions) General election: Citizens vote for electors. State’s electors=#of reps. In House and Senate. Generally winner take all. (Whichever candidate gets the most votes, gets all of the electoral college seats) (Nebraska) Need majority of votes in Electoral College to win (270/538) Rules of the game matter a lot here! If no candidate receives a majority —> House chooses from among top three candidates. Each states gets one vote (majority rule) How electoral college works (e.g., what determines how many electors a state has) Electoral College FAQ Senate + House seats Is the electoral college really a college? Group, not educational institution. When does the college meet? December Can a candidate win the popular vote and lose the electoral college vote? Yes – 5 times in U.S. History Can an elector vote for another candidate? Yes and no – States can punish faithless electors (e.g., fines, jail time) Role of the electoral college and how it shapes campaigns and impacts voters o E.g., battleground states, winner take all system o Understand the process and intentions behind how a president or VP can be removed via impeachment o E.g., impeachment vs. removal  President/VP may be removed for “treason, bribery or other high crimes and misdemeanors.” 1. Article I, Section 2 of the constitution gives the house sole power of impeachment. 2. If a majority of the members of the house vote to impeach an officer of the U.S. the Senate will conduct a crime. 3. If 2/3 of the Senator vote for conviction, the officer is removed from office. House and Senate both play a role. No President has been impeached and convicted Battleground States Battleground state -> a state that both parties’ candidate have a good chance of winning. AKA swing state, Campaigns devote more effort to winning. Spend more time and money to win undecided voters. Individuals can have a lot of attention or less connected to the process. Understand each of the roles of the President (e.g., Commander in Chief, Head of State) Be familiar with the three presidential powers we discussed o Executive orders o Emergency powers o Executive privilege Head/Chief of State Ceremonial head of government. Receives visiting heads of state. Makes official state visits. Decorates war heroes. Represents nation at times of national mourning. Chief Legislator Constitution outlines small role Now president develops legislative agenda. State of the union. ✓ Set agenda, try to boost public opinion. Role in passing legislation May propose (not introduce), e.g. budget May “go public” to pressure Congress. Sign (or veto) legislation. Chief Executive “Take care that the laws be faithfully executed.” Appointment and removal power. E.g., cabinet, federal judges, agency heads. Shapes policy through bureaucracy. Power to grant reprieves and pardons Very wide scope ( e.g, Ford and Nixon) 3 presidential powers. 1. Executive orders Formal instructions from president. Carry force of law until: ✓ President/successor retracts it, ✓ Congress nullifies it with legislation ✓ Federal court rules it unconstitutional. Mostly arise from authority delegated to President by law. E.g., Emancipation Proclamation, desegregation of the armed forces. 2. Emergency Powers An inherent power exercised by president during a national crisis. Not explicitly in Constitution: ✓ Some powers granted by law. Examples ✓ Lincoln suspended civil liberties during Civil War. ✓ COVID-19 Pandemic 3. Executive Privilege The power not to divulge confidential communications of national security information. Interpreted broadly by modern presidents. United States v. Nixon -> limited this power. ✓ Led to Nixon’s resignation Boundaries interpreted by court. ✓ Clinton and Lewinsky scandal. ✓ Trump and Jan.6 and other investigations. Commander in Chief Head of the nation’s armed forces. Wartime powers (divided) Only Congress can declare war.  President: commit troops, engage in hostilities. ✓ Must inform Congress within 48 hours when troops are committed. ✓ 60 or less days unless extension is approved. Chief Diplomat Primary actor in U.S. foreign policy. Appoint ambassadors. Treaty making power. Executive agreements -> statements of understanding between administration and foreign governments. Exempt from Senate ratification. New presidents may discontinue. Party Leader President in de facto leader of his/her party Most visible. Nationwide constituency. Easy to hold him accountable. Huge fundraising capacity. In a position to persuade others Congress, public, bureaucrats, etc. Role of the Vice President The Vice President Not well defined by Constitution. Tiebreaker in Senate. Strengthen the ticket. Senior advisor to president. Increasingly influential in policy formulation. 2nd in line of succession. Rationale behind and general structure of presidential succession rules Presidential Succession Not originally clear in Constitution. 25th amendment passed after JFK assassination. Presidents may be removed if “unable to discharge the powers and duties of his office.”  Temporary transfer of power (e.g., surgery) Permanent removal. 1. Vice President 2. Speaker of the House 3. President Pro Tempore (Senate) 4. President’s cabinet, starting w/ Secretary of State How power is transferred from one president to the next in the U.S. and in democracies vs. non-democracies generally Goal: peaceful transition to a new leader. Distinguishes democracies from non-democracies. Inauguration day – January 20 Brings together all three branches ✓ Chief Justice administers the oath. ✓ Swearing-in occurs at Capitol Presidential address Inaugural parade and balls Bureaucracy Key terms: bureaucracy, administrative agency, bureaucrat, independent regulatory commission, government corporation Core features of the U.S. bureaucracy (e.g., merit-based hiring) Bureaucracy: collection of all national executive branch organizations. Cabinet departments and agencies: 4 categories Goal: citizen satisfaction. Core Features Specialization. Hiring systems based on worker competency. Hierarchy with vertical chain of command. Standard operating procedures, rules and regulations. Bureaucrats Bureaucrats: people employed in executive branch unit to implement public policy. AKA public administrators, public servants. Not elected. Some are political appointees, but many are work long-term based on merit.  Civil servants: bureaucrats hired using merit system and have job protection. Play a significant role in public policy, The role/function of o Executive departments o Administrative agencies o Independent regulatory commissions o Government corporations Categories of Bureaucratic Organizations 1. Executive Departments De apartment of Agriculture, Defense, Justice, etc President appoints secretaries (top administrators) who head 15 departments. (Know the big picture appointed and hired) ✓ E.g., Secretary of Defense. ✓ Political appointees- hired and fired at president’s discretion. 2. Administrative Agencies Focus on a narrow function of national government. E.g. Environmental Protection Agency, Social Security Administration. Varying degrees of independence from executive departments. 3. Independent Regulatory Commission Develops industry-specific standards of behavior. Monitors compliance: ✓ May impose sanctions on violators. (E.g., FCC) Directed by partisan board ✓ Experts with staggered terms Separate from cabinet departments. 4. Government Corporations Sell a service or product. Compete for customers. Expected to be financially self-sufficient ✓ Not funded by taxes. ✓ E.g., United States Postal Service, Amtrak. Often governed by bipartisan board. Comentado [AD1]: REVIEW THIS Connection between bureaucracy and the president/executive branch How the bureaucracy contributes to public policy Bureaucrats and Public Policy Laws often provide direction and funding. Authority granted by Congress. Bureaucrats use their expertise and experience to  Help set policy agenda Formulate policy Implement policy ✓ Administrative rules, regulations, standards. ✓ E.g., EPA emissions standards. Accountability Sunshine laws promote transparency and accountability. Freedom of Information Act. (Anyone can ask for the information) Open records laws. Courts may review actions. Congress may regulate, fund/not fund. Department secretaries hire/fired by president. Ethics standards. Whistleblower protections. (Getting fired) Public perceptions about the bureaucracy Positive associations with some specific organizations. (E.g., NASA, NPS) Broad negative association: Red tape. Overly complicated. Confidence declining. Separation of Powers Key terms: checks and balances, parliamentary system Core components of separation of powers system Institutional dispersal of power among 3 branches: No one group controls all authority. Different terms of office and constituencies House, President, Senate, Court Checks and balances → each branch can monitor and limit the functions of other branches. Goal: ensure no branch acts to the detriment of citizen’s natural rights. How separation of powers compares to a parliamentary system Comparative Perspective  Most common alternative is parliamentary system: - Power more consolidated Key difference - Executive authority arises out of majority control of legislature. - Prime minister elected by parliament, not citizens Features of Parliamentary System Executive allied with legislature Easier to make quick, major changes in policy. Easier for voters to assess responsibility for outcomes. Legislature can remove executive any time. - Otherwise, prime minister largely unchecked. Elections can be held any time. SOP Parliamentary Checks and balances. Elections can be held any time. Hard for voters to assess responsibility for Executive aligned with the legislature. outcomes. Slow and difficult for legislature to remove Easier to make quick, major changes in executive. policy. Executive power arises out of majority control of legislature Executive is largely unchecked Identify major checks and balances between branches Congress → Courts Confirms judicial appointments (Senate) - Shapes who makes judicial decisions. Create lower courts Shapes jurisdiction of federal courts: rules over what kinds of cases courts can hear Impeach and remove judges: same process as president/vicepresident - 15 federal judges have been impeached. - 8 removed by Senate. Congress → President Veto override (Congress can enact laws on its own with 2/3 support) Impeach and remove president Ratifies treaties (Senate) Confirms presidential appointments (Senate) President → Congress  Veto legislation (They use it to prevent laws and it is powerful because it is hard to override a veto) Vice president is president of the Senate - May cast tie-breaking votes. - Presides over receiving and counting of electoral votes. President → Courts Appoint judges Pardon power Obama reduced sentence for those convicted of nonviolent crimes under drug laws. Courts → President Can review and declare executive orders or actions unconstitutional. Example: Court did not allow Commerce Department to include citizenship question on 2020 census. Courts → Congress Can review and declare laws or actions unconstitutional - Almost 1,000 federal laws stuck down - Murphy v. NCAA (2018) Advantages and disadvantages of a separation of powers system o E.g., gridlock vs. efficiency Separation of Powers System Disadvantages Power dispersed among branches and actors: - Often leads to gridlock: requires cooperation - Can be hard for voters to assess responsibility for outcomes. Often slow and/or difficult to carry out checks Judiciary Key terms: judicial review, precedent, trial court, appellate court Role of courts to interpret and apply the law Role of Federal Courts Judges interpret and apply the law: ✓ Constitution ✓ Laws passed by Congress ✓ Rules and regulations written by administrative agencies.  ✓ Treaties and executive orders. In US legal system, judicial decisions may also carry force of law! Key features of the U.S. judiciary and justifications for them o Independent judges o Separate, co-equal branch o Judicial review o Honoring precedent Key Features of U.S. Judiciary Separate, co-equal branch Independent judges E.g., free from bribery, corruption. Judicial Review Honoring precedent Courts contribute to policy Impact of judicial independence The Court and the Separation of Powers Judiciary is separate, co-equal branch Not always the case globally Judicial independence, fostered by life tenure, allows the federal judiciary to: Maintain balance between governmental entities. E.g., Congress vs. presidents, states vs. federal Make decisions in areas of tension between the will of the majority and the individual/minority Can make unpopular decisions Framers’ Vision of the Court Interpret the law – unique role How to best equip courts to interpret the law? Life tenure for judges Maintains independence. Only obligated to the Constitution. How to prevent courts from becoming too powerful? Courts lack enforcement capacity. “No sword, no purse; no force, no will, merely judgement.” Does Judicial Independence Matter? As judicial independence increases, so too does extent of citizens’ political rights E.g., right to vote and complete for public office An independent judiciary promotes democracy Sources of law (e.g., laws passed by Congress) Judges’ retirement considerations (e.g., personal vs. political context) Departures from the bench Retirement considerations: - Personal: age, pension, eligibility - Political: term of president, ideology of Senate and president. Evidence suggests justices care about who replaces them → Retirement is strategic. What does this imply about the Supreme Court as an institution? It is political. Influences on judicial decision making (legal vs. non-legal) Types of courts Trial courts – generally point of entry. - Ascertaining facts. - Testimony of witnesses. - Evidence presented. - Single judge. Appellate courts – next stop - Questions of law. - No witnesses; no evidence. - No jury. - Typically multiple judges. State vs. Federal Courts State courts. - Organized and managed by state government. - Creates variation across states. - Interpret state constitution and laws. Federal Courts Structures largely determined by Congress Interpret federal constitution, laws, treaties, etc.  Both have trial and appellate courts State vs. federal courts o E.g., federal courts focus on interpreting federal law Role of background and experience (broadly construed) on the federal bench o E.g., evidence suggests background characteristics can make some difference Who Becomes a Judge? Who should become a Judge? No criteria in Constitution. What factors should the president consider for choosing judicial nominees? Should descriptive representation be a factor? Past experience may influence decisions. - Influence of Background ➔ Some differences detected. ➔ Gender differences primarily limited to sex discrimination cases. ➔ African American judges vote differently in affirmative action, discrimination, and some criminal cases. ➔ Presence of female or minority judge on panel changes voting behavior of white judges. ➔ Ex. 1 or more black judges increases likelihood of granting relief to black death row defendant. - Diversity broadly defined: ➔ Personal and professional. - Role of background characteristics on the bench ➔ Theoretically and empirically. - Current areas of high and low diversity. Understand the process for replacing federal judges 1- Replacing a Federal Judge 1. President makes a nomination. 2. Senate must confirm – “advice and consent”. ➔ No timeframe specified by Constitution ➔ Note: process is different for state judges. Nomination No constitutional requirements re: qualifications.  Presidential approach varies; potential criteria: - Qualifications. - Policy preferences. - Pursuit of political support. - Demographics/experience. Confirmation Senate majority must vote to confirm - As with legislation, must pass series of hurdles Influences on likelihood of confirmation. - Divided government. - Party balance on bench. - Party polarization in Senate. - Presidential election year. Higher court nominations mor contentious - May be interest group involvement. How cases get to the Supreme Court (e.g., are all cases accepted?) SCOTUS not obligated to take most cases - Rule of 4 → Courts will take a case if 4 justices vote in favor of doing so Cases come from lower fed courts or state high courts Decides 70-85 cases per year (declines to take thousands) Lower courts often have the final word. The role of oral arguments o Only public part of Supreme Court’s decision making process What it takes for the Supreme Court to set precedent Oral Arguments Only public part of Court’s Consideration - No electronic devices. - Limited seating. - Audio livestreamed. Written briefs have been submitted. Opportunity for justices to ask questions directly. - May indicate justices’ views. Opinion Writing  Draft opinions circulated internally. Other justices may join, write separately, or attempt to negotiate over content. - Often takes weeks. A majority of justices (5/9) must sign an opinion to set precedent. - Explains the Court’s rationale May be dissenting opinions. Courts Decisions Courts interpret various sources of law. - Bound by language and precedent Courts fill in gaps when law does not exist or language is ambiguous - Legal vs. non-legal factors. What shapes judges decisions? Legal factors. - Precedent used in briefs by attorneys. - Precedent invokes in justices’ private discussions and written opinions. Ideology - Patterns of agreement across cases What it takes for the Supreme Court to set precedent Rules of the game - 5 justices needed to set precedent Trends in public perceptions of the Supreme Court and their implications What Explains the Change in Support? Belief that the Court is politicized E.g., Scalia vs. Ginsburg’s death Questions about financial disclosures, conflicts of interest Shadow docket More decisions made without oral argument, full opinions/explanation, publishing all justices’ votes