Government test 3
Chapter 11 Congress – the people’s branch
Tension between representation and action 1st congress 1789 page 273
Congress less able to make decisions as Democrats and Republicans replaced with less moderate page 273
1) Congressional elections page 274-278
a) James Madison page 274
b) Who elects the congress 275
c) Packing and cracking 275
d) Gerrymander 275
e) Predicting congressional elections 276
f) The 2004 congressional elections 276-278
i) The results 276-277
ii) David Border 277
iii) Money spent 277-278
iv) Governing in the new congress 278
2) The structure and powers of congress 278-281
a) A divided branch 279
b) James Madison 279
c) Bicameralism 279
d) The powers of congress 279-281
e) Enumerated powers 279
f) Duties of congress 279
g) Elastic clause 280
h) Senate/house responsibility 281
3) Making congress work 281-292
a) Leading the house of representatives 282-285
i) Voting 282
ii) The speaker of the house 283
iii) Newt Gingrich 283
iv) Contract with America 283
v) Party caucus or conference 284
vi) Majority leader, minority leader, whips 283
b) Leading the senate 285-287
i) 100 separate power centers 285
ii) Lott 285
iii) Policy committee 285
iv) Dixiecrat party 285
v) Vice president 286
vi) President pro tempore 286
vii) Hold 286
viii)The filibuster 286
ix) Cloture 286
x) The power to confirm 286-287
xi) Hamilton 287
xii) Senatorial courtesy 287
c) Congressional committees 287-289
i) Wilson 287
ii) Types of committees 288-289
(1) Standing committees 288
(2) Special or select committees 288
(3) Joint committees 288
(4) Authorizing committees 288
(5) Aberbach 288
(6) Appropriations committees 288-289
(7) Rules and administration committees 289
(8) Revenue and budget committees 289
(9) House ways and means 289
iii) Choosing committee members 289 -292
(1) Steering and policy committee 289
(2) Committee on committees 289
(3) The role of the seniority 291
(4) Investigations and oversights 291
(5) Congressional power of the purse 291
(6) The special role of conference committees 291-292
(7) Reagan 291
(8) 3rd house of congress 292
(9) Caucuses 292
4) The job of the legislator 292-298
a) Not always full time job 292
b) Norms 293
c) Legislators as representatives 293-294
d) Legislators as lawmakers 293-298
i) Lawmaking institution 293
ii) Representative assembly 293
iii) Delegates 294
iv) Trustee 294
v) Policy and philosophical convictions 295
vi) Boxer, Roberts, Conyers, Stark 295
vii) Voters 295
viii)Attentive public 295
ix) Colleagues 295-296
x) Logrolling 296
xi) Congressional staff 296
xii) Party 296
xiv) Clinton impeachment 296
xv) Interest groups 297
xvi) PACs 297
xvii) Liberman 297
xviii) The president 297-298
5) The legislative obstacle course 298-301
a) How ideas become bills 299
b) How bills become laws 299-300
i) Introducing a bill 299
ii) The hopper 299
iii) Committee review 299-300
(1) Read 299
(2) The referral decision 300
(3) Homeland security bill 300
(4) Markings 300
(5) Discharge 300
iv) Floor debate and passage 300
(1) Riders 300
(2) Reconciliation 300
(3) Pocket veto 300
(4) Override 300
v) The importance of compromise 301
6) An assessment of congress 301-302
a) Permanent campaign 301
7) Timeline congress 274
8) Gerrymander map 275
9) Betty Castor pic 276
10) Freshman house of representatives 108th congress 2003 page 277
11) Congressional election results 278
12) Advantages of incumbency 278
13) Nancy Pelosi pic 279
14) Capital building map 280
15) Differences between the house of representatives and the senate 280
16) The Nigerian assembly 281
17) Should we rely on government to solve problems or a leader? 282
18) Hastert pic 283
19) Diversity in congress 284
20) Frist pic 285
21) Daschle pic 285
22) Chao pic 287
23) Rumsfeld POW testimony pic 288
24) Rules on committee serves in the house and the senate 290
25) Hatch pic 291
26) Generation X in congress 293
27) Profile of the 108th congress 294
28) Comparing members – Lugar, Dayton, Dreier, Frank 295
29) Jeffords pic 297
30) How a bill becomes a law flowchart 298
31) Lobbyist cartoon 299
32) Who can kill a bill 299
33) Should all presidential nominees get a vote? 300
34) Senate and voting on nominees 301
35) 9/11 congress pic 301
36) Running for congress 302
Chapter 11 definitions
Reapportionment – the assigning by congress of congressional seats after each census. State legislators reapportion state legislative districts.
Redistricting – the redrawing of congressional and other legislative district lines following the census, to accommodate population shifts and keep districts as equal as possible in population.
Gerrymandering – the drawing of legislative district boundaries to benefit a party, group, or incumbent.
Safe seat – an elected office that is predictably won by one party or the other so that success of that party’s candidate is almost taken for granted.
Incumbents – current holders of elected office.
Bicameralism – the principle of a two house legislature.
Enumerated powers – the powers explicitly given to congress in the constitution.
Speaker – the presiding officer in the house of representatives, formally elected by the house but actually elected by the majority party.
Majority leader – the legislative leader selected by the majority party who helps plan party strategy, confers with the other party leaders, and tries to keep members of the party in line.
Minority leader – the legislative leader selected by the minority party as spokesperson for the opposition.
Whip – party leader who is the liaison between the leadership and the rank and file in the legislature.
Party caucus – a meeting of the members of a party in a legislative chamber to select party leaders and to develop party policy. Called a conference by Republicans.
Closed rule – a procedural rule in the house of representatives that prohibits any amendments to bills or provides that only members of the committee reporting the bill may offer amendments.
Open rule – a procedural rule in the house of representatives that permits floor amendments within the overall time allocated to the bill.
President pro tempore – officer of the senate selected by the majority party to act as chair in the absence of the vice president.
Hold – a procedural practice in the senate whereby a senatory temporarily blocks the consideration of a bill or nomination.
Filibuster – a procedural practice in the senate whereby a senator refuses to relinquish the floor and thereby delays proceedings and prevents a vote on a controversial issue.
Cloture – a procedure for terminating debate, especially filibusters, in the senate.
Senatorial courtesy – presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.
Standing committee – a permanent committee established in a legislature, usually focusing on a policy area.
Special or select committee – a congressional committee created for a specific purpose, sometimes to conduct an investigation.
Joint committee – a committee composed of members of both the house of representatives and the senate; such committees oversee the library of congress and conduct investigations.
Seniority rule – a legislative practice that assigns the chair of a committee or subcommittee to the member of the majority party with the longest continuous service on the committee.
Conference committee – committee appointed by the presiding officers of each chamber to adjust differences on a particular bill passed by each in different form.
Delegate – an official who is expected to represent the views of his or her constituents even when personally holding different views; one interpretation of the role of the legislator.
Trustee – an official who is expected to vote independently based on his or her judgment of the circumstances; one interpretation of the role of the legislator.
Attentive public – those citizens who follow public affairs carefully.
Logrolling – mutual aid and vote trading among legislators.
Discharge petition – petition that, if signed by a majority of the members of the house of representatives, will pry a bill from committee and bring it to the floor for consideration.
Rider – a provision attached to a bill – to which it may or may not be related – in order to secure its passage.
Pocket veto – a veto exercised by the president after congress has adjourned; if the president takes no action for ten days, the bill does not become law and is not returned to congress for a possible override. A formal decision to reject a bill passed by congress after it adjourns – if congress adjourns during the ten days that the president is allowed to sign or veto a law – the president can reject the law by taking no action at all.
Override – an action taken by congress to reverse a presidential veto, requiring a two thirds majority in each chamber.
Chapter 11 Overview
Congress plays a crucial role in our system of shared powers, controlling key decisions and constraining presidents. Yet, over time, Congress has lost some influence as the presidency has gained influence. In the last two decades, however, Congress has become more capable as a policymaking competitor for presidents. Redistricting and reapportionment have shaped a Congress that somewhat more accurately reflects the population.
Senators and representatives come primarily from middle- and upper-middle-class backgrounds. They are better educated than Americans as a whole. The typical member of Congress is still a middle-aged white male lawyer. Redistricting and reapportionment have shaped a Congress that somewhat more accurately reflects the population.
The most distinctive feature of Congress is its bicameralism, which the framers intended as a moderating influence on partisanship and possible error. Each chamber has a few distinctive functions. Their organizations and procedures also differ slightly, as do their political environments.
Congress performs these functions: representation, lawmaking, consensus building, overseeing the bureaucracy, policy clarification, and investigating. The Senate also confirms or denies presidential appointments and participates in the ratification of treaties.
The power to investigate is one of Congress's most important functions. Congress conducts investigations to determine if legislation is needed, to gather facts relevant to legislation, to assess the efficiency of executive agencies, to expose corruption, and to enhance the image or reputation of its members.
As a collective body, Congress must attempt to accomplish its tasks even as most of its members serve as delegates or trustees for their constituents. When they vote, members are influenced by their philosophy and values, their perceptions of constituents, interests, and the views of trusted colleagues, staff, party leaders, lobbyists, and the president.
Congress does an excellent job of representing the values and views of most of their constituents. But they are cautious about enacting measures proposed by their own colleagues or the legislative agenda put forward by presidents. Most legislation dies for lack of majority support. In addition legislation may face obstacles such as filibusters, riders, holds, and an occasionally, the need to override a presidential veto.
Most of the work in Congress is done in committees and subcommittees. Congress has attempted in recent years to streamline its committee system and modify its methods of selecting committee chairs. Seniority practices are still generally followed, yet the threat of removal forces committee chairs to consult with younger members of the majority party. Subcommittees are important. They can prevent or delay legislation from being enacted. But there are numerous other stages where bills can be killed, making it easier to stop legislation than to enact it.
Members of Congress are motivated by the desire to win reelection, and much of what Congress does is in response to this motive. Members work hard to get favors for their districts, to serve the needs of constituents, and to maintain a high visibility in their districts or states. Incumbents have advantages that help explain their success at reelection: they have greater name recognition; they have large staffs; they are much better able to raise campaign money; and they have greater access to the media.
Individual members of Congress are more popular than the institution. Congress is criticized for being inefficient, unrepresentative, unethical, and lacking in collective responsibility. Yet criticisms of Congress are difficult to separate from the context of policy preference and democratic procedures. Congress’ greatest strengths--its diversity and deliberative character--also contribute to its weaknesses.
Sample tests chapter 11
At a minimum, members of the House must be 30 years old and
have been citizens for seven years, whereas senators must be 35 years old and
have been citizens for nine years.
There are 435 House districts and each state is guaranteed at least one House member.
State legislatures control the redistricting process for the House of Representatives.
The Congress is specifically restricted by the Constitution to make only those laws that are covered by the enumerated powers.
The Senate sits as a court to decide if an official should be impeached and stand trial before the Supreme Court.
All revenue bills must originate in the House and the Senate is forbidden from making any changes to the legislation.
The filibuster rule is a procedure for terminating debate in the Senate.
Senatorial courtesy is the presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.
Members of Congress are influenced by their own philosophy and values, their perceptions of their constituents' interests, the views of their trusted colleagues and staff, their partisan ties, and party leaders, lobbyists, and the president.
The Senate has more members who are not inclined to compromise or be moderate.
Among many ways a bill can be killed is by floor leaders in both chambers.
If both houses pass bills on the same subject but there are differences between the bills, the two versions must go to a conference committee for reconciliation.
Congress can vote to override a presidential veto by a majority vote in each chamber.
The founders intended the Congress to ignore geographical and narrow interests.
The founders intended Congress to be slow moving to protect the process from momentary fancies of the people.
__________ is the assigning by Congress of congressional seats after each census.
__________ is the drawing of legislative district boundaries to benefit a party, group, or incumbent.
__________ is the principle of a two-house legislature.
__________ are the powers explicitly given to Congress in the Constitution.
The __________ is the presiding officer in the House of Representatives.
The __________ is the party leader who is the liaison between the leadership and the rank-and-file in the legislature.
A __________ is a procedural practice in the Senate whereby a senator temporarily blocks the consideration of a bill or nomination.
__________ is a procedural practice in the Senate whereby a senator refuses to relinquish the floor and thereby delays proceedings and prevents a vote on a controversial issue.
__________ is a procedure for terminating debate in the Senate.
A __________ is a permanent committee established in a legislature, usually focusing on a policy area.
A __________ is a committee appointed by the presiding officers of each chamber to adjust differences on a particular bill passed by each in different forms.
__________ is mutual aid and vote trading among legislators.
A __________ is a petition that, if signed by a majority of the members of the House of Representatives, will pry a bill from committee and bring it to the floor for consideration.
A __________ is a provision attached to a bill - to which it may or may not be related - in order to secure its passage.
A __________ is a method exercised by the president after Congress has adjourned to prevent a bill from becoming law.
A(n) __________ is an action taken by Congress to reverse a presidential veto.
A __________ is an elected office that is predictably won by one party or the other, so the success of the party's candidate is almost taken for granted.
A(n) __________ is the current holder of an office.
Which of the following would be an example of gerrymandering?
A plan that eliminates the minority party's influence statewide.
Which of the following is not a reason that incumbent member of Congress usually win?
They are less radical in their views than the challengers.
Representation, lawmaking, consensus building, overseeing the bureaucracy, policy clarification, and investigation are functions of _____________.
both Houses of Congress
Which of the following does the Senate only exercise?
Ratification of treaties.
A quorum in the committee of the whole in the House requires __________.
Which of the following is the party leader who is the liaison between the leadership and the rank-and-file in the legislature.
A _______ is a procedure allowing any senator to block temporarily the consideration of either a legislative bill or a presidential nomination.
Which of the following types of appointments does the Senate consider to be more important?
____________ committees are responsible for oversight of the federal bureaucracy.
Which of the following is not a role of committees?
to negotiate treaties with foreign nations
Which of the following norms is still practiced in the Congress?
An official who is expected to vote independently based on his or her judgement of the circumstances is a ______________.
__________ is when a member votes with a colleague in the expectation that the colleague will later vote for a measure about which the member is concerned.
Which of the following is not associated with the work of committees?
Overriding the veto of the president.
_______ is used to force the president to accept legislation attached to a bill that was otherwise popular.
Which of the following is incorrect?
If Congress is in session and the president waits twelve days (not counting Sundays), the bill becomes law without his signature.
Which of the networks televises the work of Congress live?
Efforts by Congress to become more efficient have ________the pace of legislation.
Ethics codes ban most gifts over ____ to a legislator, a staff member, or a legislator's family from a registered lobbyist.
What is the most important reason that Congress is overresponsive to organized interests, inefficient, and partisan?
Constitutional democracy is not the most efficient form of government.
Chapter 12 the presidency
Framers admired and feared centralized leadership 305
Both sides of presidential power 9/11 305
1) The structure and powers of the presidency 306-314
a) Article I and article II 306
b) Separate powers 306-307
c) Jones 307
d) Defining the presidency 307-309
i) Wilson 308
ii) Indirect direct election 308
iii) 22 amendment 308
iv) Parliamentary system 308
e) The presidential ticket 309
i) Adams and Jefferson 309
ii) 12th amendment 309
f) Presidential powers 309-313
i) Article II 309
ii) Commander in chief 309
iii) Diplomat in chief 309
(1) Treaty 309
(2) Executive agreements 309
iv) Administrator in chief 310
v) Additional executive powers 310-313
(1) The appointment power 311-312
(2) Plum 312
(3) Warren 312
(4) The veto power 312
(5) Pocket veto 312
(6) The pardon power 312
(a) England 312
(b) Carter 312
(7) The take care power 312-313
(a) Take care clause Article II 312
(b) Inherent powers 312-313
(8) The power to inform and convene congress 313
(a) State of the union address 313
(9) Presidential succession 313-314
(a) 22nd and 25th amendments 313
(b) Impeachment 314
2) Controversies in presidential power 314-317
a) Separate institutions sharing power 314
b) The war power 314-315
i) Article II 314
ii) Lincoln 314
iii) Fisher 314
iv) Nixon and war power resolution 314
c) Executive privilege 315-316
d) Executive orders 316
e) The budget and spending power 316-317
i) Congressional budget and impoundment control act 317
ii) Budget and accounting act 316
iii) Office of management and budget 316
iv) General accounting office GAO 316
v) Impoundment 316
vi) Continuing resolutions 317
vii) Line item veto 317
3) Evolution of the presidency 317-319
a) The first presidency 317-318
i) New republic 1789 317
ii) Washington set precedent 317
b) The first modern presidency 318
i) F. Roosevelt 318
c) The presidency today 318-319
4) Managing the presidency 319-324
a) The white house staff 320
i) The white house organization 320
ii) Chief of staff 320
iii) Running the white house 320
iv) Collegial, competitive, hierarchal 320
v) Group think 320
b) The executive office of the president 320-321
i) Executive office of the president 1939 320
ii) Office of management and budget OMB 321
c) The cabinet 321-323
i) Selecting the cabinet 321
ii) Cabinet government 321-323
iii) Cabinet differences 323
iv) Inner cabinet 323
v) Outer cabinet 323
d) The vice presidency 323-324
e) The first lady 324
i) Eleanor Roosevelt 324
ii) Hillary Clinton 324
5) The president’s job 325-329
a) Presidents as crisis managers 325-326
i) Civilian control over the military 325
ii) Rally points 326
b) Presidents as morale builders 327
c) Presidents as agenda setters 327
i) National security policy 327
ii) US v. Curtiss-Wright 327
iii) Economic policy 327-328
iv) Hoover 327
v) Domestic policy 328
d) Presidents as persuaders 328-329
i) Neustadt 328
ii) Kernell 328
iii) Going public 329
6) Election 2004 – an analysis 329 - 331
a) The results 329-330
b) A mandate to govern? 330-331
7) Congress and the presidency 331-334
a) The constitution framework 332-333
i) Implied, inherent, or emergency powers 332
ii) Articles I and II 332
b) Competing constituencies 332
i) Competing calendars 332
ii) Competing campaigns 332-333
c) Influencing congress 333-334
i) Neustadt 333
d) Presidential resources 334
i) Political resources 334
(1) 3 sources 334
ii) Personal resources 334
(1) Ford 334
(2) 4 resources 334
8) Judging presidents 335-336
a) Doctrine of necessity 335
Timeline – the presidency 306
The Mexican president 307
Bush – Gore 2000 electoral college 308
Why do you have an unfavorable view of the US. Bush? Or something else? 311
Bush on aircraft carrier pic 313
Regan Funeral pic 319
Executive office of the president flowchart 321
Presidential appointees 322
White house map 323
Condoleezza Rice 325
What Americans want to know about their candidates 326
Recent rally points 326
Bush v. Kerry 330
Presidential approval ratings 1945-2004 331
JFK and TV 331
Should presidents be limited to 2 terms 332
Regan, 2 terms, 22 amendment 333
Presidential legislative support from congress 1953-2004 333
Presidential greatness – how do we judge? 335
Ranking presidents – 10 best and 10 worst 335
Chapter 12 definitions
Parliamentary system – a system of government in which the legislature selects the prime minister or president.
Presidential ticket – the joint listing of the presidential and vice presidential candidates on the same ballot as required by the 12th amendment.
Treaty – a formal, public agreement between the US and one or more nations that must be approved by two thirds of the senate.
Executive agreement – a formal but often secret agreement between the president and the leaders of other nations that does not require senate approval.
Veto – a formal decision to reject a bill passed by congress.
Take care clause – the constitutional requirement – article II, section 3 – that presidents take care that the laws are faithfully executed, even if they disagree with the purpose of those laws.
Inherent powers – powers that grow out of the very existence of government.
State of the union address – the president’s annual statement to congress and the nation.
Impeachment – formal accusation against the president or other public official, the first step in removal from office.
Executive privilege – the right to keep executive communications confidential, especially if they relate to national security.
Executive orders – a formal order issued by the president to direct action by the federal bureaucracy.
Impoundment – a decision by the president not to spend money appropriated by congress, now prohibited under federal law.
Line item veto – presidential power to strike, or remove, specific terms from a spending bill without vetoing the entire package, declared unconstitutional by the supreme court.
Chief of staff – the head of the white house staff
Executive office of the president – the cluster of presidential staff agencies that help the president carry out his responsibilities. Currently the office includes the office of management and budget, the council of economic advisers, and several other units.
Office and management and budget OMB – presidential staff agency that serves as a clearing house for budgetary requests and management improvements for government agencies.
Cabinet – advisory council for the president, consisting of the heads of the executive departments, the vice president, and a few other officials selected by the president.
Rally point – a rise in public approval of the president that follows a crisis as Americans “rally ‘round the flag” and the chief executive.
Mandate – a president’s claim of broad public support.
Chapter 12 Overview
The framers created a presidency with limited powers. To enact government business, the president must cooperate with Congress, but powers are divided among the branches, and the politics of shared power has often been stormy. In general, however, the role and influence of presidents have increased in the course of the nation’s history.
The expansion of presidential influence has been a continual development during the past several decades. Crises, both foreign and economic, have enlarged these powers. When there is a need for decisive action, presidents are asked to supply it. Congress, of course, is traditionally expected to share in the formulation of national policy. Yet Congress is often so fragmented that it has been a willing partner in the growth of the presidency. At the same time, Congress is constantly setting boundaries on how far presidents can extend their influence. Every president must learn anew the need to work closely with the members of Congress.
Every four years Americans search for a new president. We yearn for honest, experienced, effective presidents who will propose solutions to the nation's toughest problems. Doubtless we expect far more than is reasonable, but we inevitably want someone as good as Washington, Lincoln, and FDR.
Presidents must act as crisis-managing, morale-building, personnel-recruiting, priority-setting, coalition-building, and managerial leaders. No president can divide the job into tidy compartments. Ultimately, these responsibilities overlap.
The vice presidency is now a part of the presidential establishment, and most vice presidents have been increasingly integrated into the White House decision-making process.
Presidential power is usually exercised for important and noble ends yet it can also on occasion be abused. Presidents, however, are held to account by a variety of checks and balances including elections and legacy, Congress, the court, the media, and public opinion.
Presidential greatness is something often talked about yet harder to define. But nearly everyone considers Lincoln, Washington, and Franklin Roosevelt as outstanding presidents. Presidents are viewed as great when they brought about desirable progress and guided the nation through crises.
Sample tests chapter 12
The framers of the Constitution created a parliamentary system of government.
The Twenty-Second Amendment to the Constitution restored Roosevelt's precedent allowing a president to be elected to as many terms as the people desire.
Under provisions of the Twelfth Amendment, electors are allowed to cast two votes, one for president and one for vice president.
The Constitution gives complete power over the use of the military to the president.
Executive privilege is a limited power, particularly in criminal cases where presidential communications have a direct bearing on a case.
White House staff make few important decisions and never intrudes between the chief executive and the heads of departments.
President George W. Bush uses clear lines of authority to minimize chaos and expects his staff to be loyal above all else.
The Executive Office of the President and the Office of Management and Budget are two separate organizations.
The Constitution requires a president to form a cabinet and hold regular meetings.
The vice president has always been seen as a significant official within the president's inner circle and thus assigned important duties.
The time frame for presidential decision making and problem solving has been shortened over the last several decades.
Rally points are particularly strong when a president announces new policy related to complex domestic issues.
The "approval" of a president's job performance is based on emotion as well as government's performance and a president's position on issues.
Presidential leadership should exhibit national self-confidence at all times.
Since the New Deal, presidents have been expected to promote policies encouraging economic growth and prosperity.
__________ is the right to keep executive communications confidential, especially if they relate to national security.
__________ are deals between the U.S. president and the leaders of other nations that do not require Senate approval.
__________ is the constitutional requirement that presidents take care that the laws are faithfully executed, even if they disagree with the purpose of those laws.
take care clause
__________ are powers that grow out of the very existence of government.
The __________ is the president's annual statement to Congress and the nation.
State of the Union Address
__________ is a formal accusation against a public official, the first step in removal from office.
The __________ is the head of the White House Staff.
chief of staff
The __________ is the cluster of presidential staff agencies that help the president carry out his responsibilities.
Executive Office of the President
The __________ is the presidential staff agency that serves as a clearinghouse for budgetary request and management improvements for government agencies.
Office of Management and Budget OMB
The __________ is the advisory council for the president, consisting of the heads of the executive departments, the vice president, and a few other officials selected by the president.
A __________ is a rise in public approval of the president that follows a crisis.
A __________ is a president's claim of broad public support.
Which of the following ideas for selecting the president was least considered by the framers of the Constitution?
Direct election by the people.
Which of the following is not a constitutional duty of the Vice-President?
Serves as the chief advisor to the President.
Which of the following is a qualification for the office of president?
Must be a natural-born citizen of the United States.
Article ___ of the Constitution gives the executive three central roles: commander in chief, diplomat in chief, and administrator in chief.
__________clause makes the president responsible for implementing the laws that Congress enacts, even ones that are enacted through the override of a presidential veto.
Under the ______Amendment, presidents can be forced from office temporarily if the vice president and a majority of either Congress or the president's own cabinet secretaries declares that the president is unable to discharge the powers and duties of the office.
The danger of war and federal involvement in economic and social issues has _______ the power of the presidency.
Which of the following is not correct regarding the principle of civilian control over the military?
The chief civilian agent of the president is the secretary of the army.
Which nominations have a lasting impact beyond the terms of the president?
In which case did the Supreme Court uphold strong presidential authority in international relations?
United States v. Curtiss-Wright
When presidents and aids spend a lot of time dispensing favors to various members of Congress from whom they are seeking votes and political support, they are _______ people.
Why is it necessary for presidents to be effective fund raisers for their political parties?
To build needed connections within their political parties.
The __________ is considered the president's most loyal assistant.
chief of staff
Which method best describes the way George W. Bush runs the White House staff?
Which of the following departments have the most influence with the White House?
Which of the following statements is incorrect regarding the relationship between the president and the media?
The media depends on the president and thus there is little tension between the two.
A rise in public approval of the president that follows a crisis is called a _______.
An example of a president that is viewed today as great but not while they were in office is _____.
Chapter 13 the federal bureaucracy
1) Understanding the federal bureaucracy 340-351
a) The undefined branch 340-341
b) The federal bureaucracy today 341-342
c) How the federal government is organized 342-347
i) Departments 342-344
ii) Independent agencies 345-346
iii) Government corporations 346-347
d) Leading the bureaucracy 347-349
i) Becoming a presidential appointee 347-349
ii) The senior leadership corps 349
e) How the bureaucracy evolved 349-351
i) Spoils system 350
ii) Officer of personnel management OPM 351
2) Working for government 351-353
a) The reality of the numbers 351
b) The hiring process 352
c) Regulating the civil service 352
d) The role of government employee unions 353
3) The bureaucracy’s job 353-355
a) Implementation 353
b) Administrative discretion 353
c) Making regulations 353-354
i) Rule making process 353
ii) Spending money 354-355
(1) GPD 354
(2) Uncontrollable spending 354
(3) Entitlement programs 354
(4) Social security and Medicare 354
(5) Indexing 354
(6) Welfare 354
(7) Automatic cost of living adjustment COLAs 355
4) Holding the bureaucracy accountable 355-359
a) Wilson 355
b) Accountability to the president 356-357
i) Control of the bureaucracy 356
c) Accountability to congress 357
i) Army core of engineers 357
ii) Control 357
d) The control of oversight 357-358
i) Presidential tools 357
ii) OMB 357
iii) Central clearance 358
iv) Congress tools 358
v) GAO 358
vi) Police patrol, crime, fire patrol 358
vii) In accordance consistent with no objection 358
e) The problem with self regulation 358-359
i) Iron triangle 358
5) Government’s achievements 359
Timeline – the federal bureaucracy 340
A representative bureaucracy 343
The face of the federal workforce 2003 343
The 15 executive branch departments 344
The department of homeland security flowchart 344
The Japanese bureaucracy 347
The presidential appointments process 348
Picture of closed down government 349
Types of government employees 349
Measuring the size of government 1940-2005 350
Picture from CDC 351
When something is run by the government is it usually wasteful. Generally government is run for the benefit of the people 355
Denise Johnson 356
John Ashcroft 356
Recent efforts to make government work 357
Do you want a federal career? 358
Sesame Street 358
Making government jobs challenging 359
Bureaucracy – a place where ideals meet reality 359
Chapter 13 sample tests
Agencies exist at the will of Congress that can abolish them either by passing a new law or by withholding funds.
An independent agency is outside the president's control.
The theory of public bureaucracy is that bureaucratic organizations constantly seek to enhance their power, whether by creating new titles, adding more staff, or increasing their budgets.
The first three departments of government were Treasury, State, and Defense.
About 30 percent of the civilian employees of the government work for the U.S. Postal Service.
The revised Hatch Act of 1993 allows federal civilian employees from running as candidates in partisan elections.
Federal employee unions lack the right to strike and are not able to bargain over pay and benefits.
Regulations involve the transfer of money to and from government.
Rules are not subject to the same judicial review that governs formal laws,
Mandates are programs that guarantee benefits to anyone eligible and cost the government more than $800 billion in 1999-2000.
Indexing refers to the provision of automatic increases to compensate for inflation.
The president has absolute authority to shift a bureaucracy's assignment to another department or agency.
Congress can limit or expand an agency's jurisdiction or abolish an agency.
Among the tools Congress has to oversee the federal bureaucracy are the General Accounting Office or the Congressional Budget Office.
Due to the red tape, it is clear that bureaucrats have failed to make progress in solving the most difficult problems.
A __________ is a career government employee.
A __________ is a professional corps of officials organized in a pyramidal hierarchy and functioning under impersonal, uniform rules and procedures.
A __________ is usually the largest organization in government; also the highest rank in federal hierarchy.
An __________ is a government entity that is independent of the legislative, executive, and judicial branches.
An __________ is a government agency or commission with regulatory power whose independence is protected by Congress.
Independent Regulatory Commission
A __________ is a government agency that operates like a business corporation, created to secure greater freedom of action and flexibility for a particular program.
A__________ is a flexible, mobile corps of senior career executives who work closely with presidential appointees to manage government.
Senior Executive Service
The __________ is a system of public employment based on rewarding party loyalists and friends.
A __________ is a system of public employment in which selection and promotion depend on demonstrated performance rather than political patronage.
The __________ is an agency that administers civil service laws, rules, and regulations.
Office of Personnel Management
The __________ is a federal statute barring federal employees from active participation in certain kinds of politics and protecting them from being fried on partisan grounds.
__________ is the process of putting a law into practice through bureaucratic rules or spending.
__________ is authority given by Congress to the federal bureaucracy to use reasonable judgment in implementing the laws.
__________ are the formal instructions that government issues for implementing laws.
The __________ is the formal process for making regulations.
__________ are programs such as, unemployment insurance, disaster relief, or disability payments that provide benefits to all eligible citizens.
__________ is providing automatic increases to compensate for inflation.
__________ is the legislative or executive review of a particular government program or organization.
Which of the following is not a characteristic of a bureaucracy?
It bases its decisions on personal rules.
The Departments of Agriculture, Commerce, Education, and Labor were all created in response to interest group pressure making them _______ agencies.
Which of the following statements about independent regulatory commissions is incorrect?
They are headed by a single executive.
In 2002, the president's homeland security chief complained about the _____ of agencies involved in guarding the nation's borders.
Which of the following is not an example of a government corporation?
___________ continue in their posts regardless of who happens to be president and are selected on the basis of merit.
The _____ system was based on the theory that party loyalists should be rewarded and that government would be effective and responsive only if supporters of the president held most key federal posts.
Which of the following is a responsibility of the Office of Personnel Management?
It administers civil service laws, rules, and regulations.
The _________ is responsible for disease detection and prevention.
Centers for Disease Control and Prevention
Which of the following statements is incorrect regarding the federal bureaucracy?
The government spends much more on welfare and assistance for the poor than it does for social security and defense.
Which of the following statements about the Office of Personnel Management is correct?
It delegates to the individual agencies the responsibility for hiring new personnel.
The new Hatch Act allow federal civilian employees to:
seek and hold positions in political parties.
__________is the authority given by Congress to the federal bureaucracy to use reasonable judgement in implementing the laws.
The Administrative Procedure Act requires that all proposed rules by published in ___________.
the Federal Register
Which of the following statements about uncontrollable spending is incorrect?
The largest share of uncontrollable spending comes from the Department of Defense
Why so presidents like to reorganize the bureaucracy?
To downgrade the importance of a program to weaken it.
Which of the following branches of government exercises control over the bureaucracy by appropriating funds?
A designation of __________ by the central clearance system of the Office of Management and Budget indicates that a communication to Congress is part of a president's second-tier priorities.
Which of the following is the most fierce battle in Washington fought over?
Alliances among bureaucrats, interest groups, and subcommittee members and their staffs are described as ________.
Chapter 13 definitions
Bureaucracy – a form of organization that operates through impersonal, uniform rules, and procedures.
Bureaucrat – a career government employee.
Department – usually the largest organization in government; also the highest rank in federal hierarchy.
Independent agency – a government entity that is independent of the legislative, executive, and judicial branches.
Independent regulatory commission – a government agency or commission with regulatory power whose independence is protected by congress.
Government corporation – a government agency that operates like a business corporation, created to secure greater freedom of action and flexibility for a particular program.
Senior executive service – established by congress in 1978 as a flexible, mobile corps of senior career executives who work closely with presidential appointees to manage government.
Spoils system – a system of public employment based on rewarding party loyalists and friends.
Merit system – a system of public employment in which selection and promotion depend on demonstrate performance rather than political patronage.
Office of personnel management OPM – agency that administers civil service laws, rules, and regulations.
Hatch act – federal statute barring federal employees from active participation in certain kinds of politics and protecting them from being fired on partisan grounds.
Implementation – the process of putting a law into practice through bureaucratic rules or spending.
Administrative discretion – authority given by congress to the federal bureaucracy to use reasonable judgment in implementing the laws.
Regulations – the formal instructions that government issues for implementing laws.
Rule making process – the formal process for making regulations.
Uncontrollable spending – the portion of the federal budget that is spent on programs, such as social security, that the president and congress are unwilling to cut.
Entitlement program – programs such as unemployment insurance, disaster relief, or disability payments that provide benefits to all eligible citizens.
Indexing – providing automatic increases to compensate for inflation.
Oversight – legislative or executive review of a particular government program or organization. Can be in response to a crisis of some kind or part of a routine review.
Central clearance – review of all executive branch testimony, reports, and draft legislation by the office of management and budget to ensure that each communication to congress is in accordance with the president’s program.
Chapter 13 Overview
Bureaucracy's chief characteristics are continuity, predictability, standard operating procedures, and the inevitable "red tape." Our bureaucratic agencies reflect how our political system has tried to identify our most important national goals and how policies are implemented.
We often condemn bureaucracy and bureaucrats, yet we continue to turn to them to solve our toughest problems and to render more and better services. In the last decade there have been major efforts to overhaul and improve the workings of the federal bureaucracy. Despite numerous initiatives to streamline the government, eliminate waste, and make government more like an effective business, critics continue to call for less bureaucracy and more reforms.
Most of the 2.8 million civilian employees of the federal government serve under a merit system that protects their independence of politics. They work in one of the 14 Cabinet departments, as well as government corporations, independent agencies, and independent regulatory boards or commissions. A major responsibility is policy implementation.
The federal government's Office of Personnel Management sets policy for recruiting and evaluating federal workers. Various restrictions exist on federal workers that prevent them from running for political office or political party fund raising activities. The federal bureaucracy prizes continuity, stability and following the rules more so than risk-taking or innovation.
The American bureaucracy has at least two immediate bosses: Congress and the president. It must pay considerable attention as well to the courts and their rulings and, of course, to well-organized interest groups and public opinion. In many ways the bureaucracy is a semi-independent force – a fourth branch of government - in American politics.
Debates and controversy over big government and big bureaucracy, as well as how to reorganize and eliminate waste in them, continue. Compared with many other nations and their centralized bureaucracies, the hand of bureaucracy rests more gently and less oppressively on Americans than on citizens elsewhere. Efforts to make the bureaucracy more responsive are enduring struggles in a constitutional democracy.
Chapter 14 – the judiciary the balancing branch
Foreign vies 362
Alexis de Tocqueville 362
Harold Laski 362
Judicial review 362
John Marshall in 1803 362
Judges rule on 362
1) The scope of judicial power 364-366
a) Adversary system 364
b) Fight theory 364
c) Passive and reactive 364
d) Justiciable disputes 364
e) Plaintiff 364
f) Standing to sue 364
g) Class action suits 364
h) Civil law 364
i) Criminal law 364
j) Prosecutors 364
k) Defendants 365
l) Plea bargain 365
m) Attorney general and department of justice 365
n) US attorneys 365
o) Public defender system 365
p) Political question 365
q) Bush v. Gore 365
r) Roche 365
s) Cellos and violins 365
t) Judicial federalism – state and federal courts 365-366
i) Writ of habeas corpus 366
2) The federal judicial system 366-369
a) Article III 366
b) Article III or constitution courts 367
c) Article I or legislative courts 367
d) Original jurisdiction 367
e) Appellate jurisdiction 367
f) District courts 367-369
i) Grand juries 368
ii) Petit juries 368
iii) Magistrate judges 368
g) Court of appeals 369
i) Judicial circuits 369
ii) En banc 369
3) The politics of appointing federal judges 370-377
a) Sub presidency for judicial selection 370
b) Senatorial courtesy 370
c) Clinton, Hatch, Ginsberg, Breyer 370
d) ABA 370
e) Senate – advice consent 370-371
i) Interviewing began after 371
ii) Bork, Reagan 371
f) The role of party, race, and gender 371-372
i) F. Roosevelt, Carter, Reagan, Clinton, Bush 371-372
g) The role of ideology 372-374
i) Judicial self restraint 374
ii) Judicial activism 374
iii) 5th and 14th amendments 374
h) Do judges make law? 374-375
i) Jeremiah Smith 374
i) Adherence to precedent 375
i) Stare decisis 375
ii) Douglas 375
iii) Rehnquist 375
iv) Reversed decisions 375
j) Judicial longevity and presidential tenure 375-376
k) Reform of the selection process 376-377
i) Changing the numbers 376
ii) F. Roosevelt’s proposal 376
iii) Changing the jurisdiction 376-377
4) The supreme court and how it operates 377-382
a) Calendar 377
b) Procedure 377
c) Power of the chief justice 378
i) Rehniquist 378
ii) Stone 378
iii) Danelski 378
d) Which cases reach the supreme court? 378-379
i) Act to improve the administration of justice 378
ii) Writ of certiorari 378
iii) Rule of four 379
iv) Briefs 379
e) The role of law clerks 379
i) Clerk driven 379
ii) 9 little law firms 379
f) The solicitor general SG 379-380
i) Tenth justice 379
ii) Amicus curiae 380
iii) Department of justice 380
g) Amicus curiae briefs 380
i) Webster v. reproductive health 380
ii) US v. lopez 380
h) Oral arguments 380-381
i) Scalia 380
i) Behind the curtains – the conference 381
j) Opinions 381-382
i) Opinions of the court 381
ii) Assigning opinions 381
iii) Dissenting opinions 381
iv) Concurring opinions 381
v) Circulating drafts 381-382
vi) Brown v. board of education 382
vii) Releasing opinions to the public 382
k) After the court decides 382
i) Remands 382
ii) US supreme court reports 382
5) Judicial power in a constitutional democracy 382-384
a) The great debate over the proper role of the courts 383
i) Activist 383
ii) Discrete and insular minorities 383
b) The people and the court 383-384
i) Planned parenthood v. Casey 383
ii) Roe v. wade 383
iii) Unduly burden 383
iv) Rehnquist 374
v) Bush v. gore 384
vi) White 384
Timeline – the judiciary 364
Is it important that judicial system treats everyone the same? 366
Types of law – statutory, common, equity, constitutional, admiralty and maritime, administrative, criminal, civil 366-367
Constitutional courts in Europe 368
The 11 US circuit courts of appeals 369
Sandra Day O’Connor 372
Diversity on the federal bench 373
Souter pic 373
Supreme court map 377
Does the number of federal judges need to be increased in order to ensure access to justice? 378
Increasing number of judges pro and con 379
Supreme court’s increasing caseload 379
Chapter 14 definitions
Judicial review – the power of a court to refuse to enforce a law or government regulation that in the opinion of the judges conflicts with the US constitution or, in a state court, the state constitution.
Adversary system – a judicial system in which the court of law is a neutral arena where two parties argue their differences.
Justiciable dispute – a dispute growing out of an actual case or controversy and that is capable of settlement by legal methods.
Class action suit – lawsuit brought by an individual or a group of people on behalf of all those similarly situated.
Defendant – in a criminal action, the person or party accused of an offense.
Plea bargain – agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense.
Public defender system – arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys.
Political question – a dispute that requires knowledge of a non-legal character or the use of techniques not suitable for a court or explicitly assigned by the constitution to congress or the president; judges refuse to answer constitutional questions that they declare are political.
Writ of habeas corpus – a court order requiring explanation to a judge why a prisoner is being held in custody.
Original jurisdiction – the authority of a court to hear a case “in the first instance”.
Appellate jurisdiction – the authority of a court to review decisions made by lower courts.
Grand jury – a jury of 12 to 23 persons who, in private, hear evidence presented by the government to determine whether persons shall be required to stand trial. If the jury believes there is sufficient evidence that a crime was committed, it issues an indictment.
Petit jury – a jury of 6 to 12 persons who determine guilt or innocence in a civil or criminal suit.
Magistrate judge – an official who performs a variety of limited judicial duties.
Court of appeals – a court with appellate jurisdiction that hears appeals from the decisions of lower courts.
Judicial self restraint – philosophy proposing that judges should interpret the constitution to reflect what the framers intended and what its words literally say.
Judicial activism – philosophy proposing that judges should interpret the constitution to reflect current conditions and values.
Stare decisis – the rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented.
Writ of certiorari – a formal writ used to bring a case before the supreme court.
Amicus curiae brief – literally “a friend of the court” brief, filed by an individual or organization to present argument in addition to those presented by the immediate parties to a case.
Opinion of the court – an explanation of a decision of the supreme court or any other appellate court.
Dissenting opinion – an opinion disagreeing with the majority in a supreme court ruling.
Concurring opinion – an opinion that agrees with the majority in a supreme court ruling but differs on the reasoning.
Chapter 14 Overview
The American judicial process is based on the adversary system. Judges in the United States play a more active role in the political process than they do in most other democracies. Federal courts are established by and receive their jurisdiction directly from Congress, which must decide the constitutional division of responsibilities among federal and state courts.
Federal judges apply statutory law, common law, equity law, constitutional law, admiralty and maritime law, and administrative law. They apply federal, criminal, and civil law. Although bound by procedural requirements, including stare decisis, they can exercise discretion.
The Supreme Court has almost complete control over the cases it chooses to review as they come up from the state courts, the courts of appeals, and district courts. Its nine justices dispose of thousands of cases, but most of their time is concentrated fewer than 100 cases per year that establish guidelines for lower courts and the country.
A continuing concern of major importance is the reconciliation of the role of judges-especially those on the Supreme Court-as independent and fair dispensers of justice with their vital role as interpreters of the Constitution. This is an especially complex problem in our democracy because of the power of judicial review and the significant role courts play in making public policy.
The debate about how judges should interpret the Constitution is almost as old as the Republic. More than 200 years after the Constitution was adopted, the argument between those who contend judges should interpret the document literally and those who believe they cannot, and should not, remains in the headlines.
Partisanship and ideology are important factors in the selection of federal judges, and these factors ensure a linkage between the courts and the rest of the political system, so that the views of the people are reflected, even if indirectly, in the work of the courts. In recent decades candidates for the presidency and the Senate have made judicial appointments an issue in their election campaigns.