Politics Review Guide Test Two

Congress
Legislative Organization: House (435) and Senate (100). Structure laid out in Article I. Framers thought it would be the most powerful branch. Bicameralism Committee System Filibuster (Senate) Election System In theory the house is highly responsive while the senate is slow and deliberate. Congress declares war, raise and finance an military/navy, call on state militias to practice the laws of the United States, suppress insurrections and repel invasions Parties in congress vote on the congressional leadership. For appropriate policy-making, one needs -information (thus there are committees with specialization), coordination (so much to do, different meetings, lectures, etc. a coordinator coordinates everything), -resolution of conflicts (to avoid confrontation, people speak to the speaker. Also, politicking is used: getting people who are pursuing divergent, even conflicting, ends to take a common course of action), -collective action (there is a clash of individual and collective interest, thus there are incentives to work collectively), -lower transaction costs (to reduce these, there are rules to automate decisions. For example, the seniority rule, gives first choice of committee chairs, offices, and committee assignments to majority party members who have served longest, reduces the time and energy members would otherwise put into competing for these valued positions), -account time pressures (for example the budget needs to be passed every year/session) Entitlement: A benefit that every eligible person has a legal right to receive and that cannot be taken away without a change in legislation or due process in court. Gerrymandering: Drawing legislative districts in such a way as to give one political party a disproportionately large share of seats for the share of votes its candidates win. Necessary and Proper clause: The last clause of Article I, Section 8, of the Constitution. This clause grants Congress the authority to make all laws that are "necessary and proper" and to execute those laws. Considered the most extensive stretch of power in the Constitution House Organization: Majority party elects S.O.H. and Majority leader

Speaker appoints committee leaders Majority leader and Whip assist leader They are opposed by minority leader and Whip. Power highly centralized through the powerful rules committee (only committee chair is that powerful and is picked by SOH due to loyalty) Speaker of the House: The presiding officer of the House of Representatives. They are elected at the beginning of each congressional session on a party-line vote. As head of the majority party they have substantial control over the legislative agenda of the House. Whip: A member of a legislative party who acts as the communicator between the party leadership and the rank and file. They poll members on their voting intentions, prepare bill summaries, and assist the leadership in various other tasks. Majority Leader: The formal leader of the party controlling a majority of the seats in the House or the Senate. In the Senate they are the head of the majority party. In the House they rank second in the party hierarchy behind the Speaker. Senate Organization: Vote for leader and Whip President of the senate is sort of a vanity position & Senate is less centralized, more collegial Defined by the existence of the Filibuster Filibuster allows a minority of 40 senators to block legislation Legislative Process: Reflects many interests in congress Creativity Influence of Money How a bill becomes a law Congressional rules Filibusters: Open Rule: A provision governing debate of a pending bill and permitting any germane amendment to be offered on the floor of the House. Closed Rule: An order from the House Rules Committee limiting floor debate on a particular bill and disallowing or limiting amendment. Pocket Veto: A method by which the president vetoes a bill passed by both houses of Congress by failing to act on it within ten days of Congresss adjournment. Pork Barrel Legislation: Legislation that provides members of Congress with federal projects and programs for their individual districts. Presidential coattails: Common metaphor for the capacity of a successful presidential candidate to generate votes for other candidates further down the ticket and pull fellow partisans into office. Quorum: The minimum number of congressional members who must be present for the transaction of business. Under the Constitution, the number in each house is a majority of its members: 218 in the House and 51 in the Senate when there are no vacancies. Seniority Rule: The congressional practice of appointing as committee or subcommittee chairs the members of the majority with the most years of committee

service. Case Work: The activity undertaken by members of Congress and their staffs to solve constituents problems with government agencies. Cloture (senate): A parliamentary procedure used to close debate. It is used in the Senate to cut off filibusters. Under the current Senate rules, three-fifths of senators must vote for it to halt a filibuster.

Committee System Sturdy Committees hold power over legislation Select Committee: A temporary legislative committee created for a specific purpose and dissolved after its tasks are completed. Special Committee: A temporary legislative committee, usually lacking legislative authority. Standing Committee: A permanent legislative committee specializing in a particular legislative area. They have stable memberships and stable jurisdictions. Ad Hoc Committee: A congressional committee appointed for a limited time to design and report a specific piece of legislation. Conference Committee: A temporary joint committee of the House and Senate appointed to reconcile the differences between the two chambers on a particular piece of legislation. Discharge Petition: A petition that removes a measure from a committee to which it has been referred in order to make it available for floor consideration. In the House it must be signed by a majority of House members (218). Powerful House committees: Rules (Undesirable) (Controlled by SOH) Ways and Means (Tax Code)- Tax bills must originate in the house. Appropriations (controls discretionary spending) Most Powerful Senate committees: Finance ($ from banks) Appropriations (controls discretionary spending) Judiciary (Appoints nominees) (Prestige) Foreign Relations (Prestige) Armed Services (Open/close military bases) Undesirable Committees: House: Rules, Judiciary, Science, Postal, ETHICS Senate: Science, Postal, ETHICS The Committee Systems reduced transaction costs by having Speaker appoint committee members a member in a standing committee can be forced off when the party suffers large electoral losses= motive to become knowledgeable to keep their job (job security) p.283 bottom prestige of committees

A partys committee members are, like party leaders, the partys agents, and party majorities use their ultimate control over committee assignments to keep their agents responsive to the partys desires special/select committees are temporary and disappear join committees are permanent are composed of members from both chambers and the committee leaderships rotate between the chambers at the beginning of each newly elected Congress. They gather info, but do not report legislation. Ex: library (oversees Library of Congress, Botanical Garden, and public statuary; Printing oversees the Government Printing Office, and the arrangements and style of the Congressioal Record, which publishes all of the speeches and debates on the floors of the House and Senate ad-hoc committees handle bills that are sensitive such as congressional pay raise conference committees are appointed to resolve differences between the H and S versions of bills

Fennos Homestyle 1. re-election 2. power in congress 3. good public policy he annoyed and asked congressmen Mayhews electoral connection 1. re-election is the reason for Congressional behavior Through experiment

Senate powers: regarding foreign power Advice and consent and ratifies treaties, confirms presidential appointments of ambassadors, appoints Supreme Court Justices, and other top executives.

Bills regarding revenue originate in the House (the chamber closer to the people), and the Senate amends them. *note: a veto override of the president requires of Congress The President uses his power to veto to influence policies of interest in Congress Congressmen are elected on a plurality vote (and they are nominated by the people) Congressional districts- during gerrymandering, the hope is to concentrate votes of the opposition in few districts (to waste other votes) *no racial gerrymandering

17th Amendment= right to popular election congress is organized to serve the goals of its members: keep their jobs incumbents: high re-election why? they vote for more resources*, Also, hard work by the incumbent discourages opposition. However, an easy victory against weak opponents one election doesnt guarantee the victory against more challenging opponents the next election. More $ $1.2M per legislator, 3x for each Senator

Senators have low re-election rates: not district based=a larger variety of people=less connections/similarities (states are more diverse than districts) . Also, most states are politically balanced. Also, those who run for the senate are smarter and politically talented (so there is hard competition). Also, its easier for Senators to send messages via media than legislators. (easier to get their message out) 6yr. terms, and they talk about controversial issues. However because of the different terms, tenure in office about the same. Also, senate incumbent victories are by a narrower margin because of these reasons as well. Presidents party usually loses mid-term elections (but really depends on economy and performance of the President on how bad) Decisions are shaped by the potential need to explain and defend them in the future elections/campaigns. Casework: When Congress do favors for the people to increase their popularity to the public. Ex: helping to find lost things, adding benefits to programs, however, he doesnt do all of them--apparently someone had asked to raise their sons C grade in college. Parties arrise because people recognize that its best to cooperate even if they have different personal interests. p.273 Under the Constitution, VP is the presiding officer of the Senate, President pro tempore presides when the VP is absent. (in practice re-elected for each time) Groups in congress reflect the value of ready-made alliances in a system where success depends on building majority coalitions

Jurisdiction constant pressure to create more standing committees to pressure personal interests, chairs get offices, clerks, etc. Many of them are inactive, thus some have been eliminated. People/committees establish relationships, and by cutting committees,

upset these balances, thus, the cutting of these committees are avoided.

The Presidency
The Framers designed the presidency so that power could flow to the executive in times of national crisis, but recede as the emergency faded. More than two centuries later, conflict persists over which institution has the power to make national policy. Theoretical (Constitutional) powers: Commander-in Chief of the military-The title that is given to the president by the Constitution and that denotes the presidents authority as the head of the national military. command forces emergency powers war powers act Head of State executive agreements state balls (Michelle will look fabulous!) Head of (divided) Government executive privilege executive orders take care clause Executive Order: A presidential directive to an executive agency establishing new policies or indicating how an existing policy is to be carried out.

Informal Presidential Powers: War Powers Act Public Support Neustadts theory of Presidential Persuasion: The power to persuade Reputation: How other expect him to react- Strategic Pursuit of enemies Prestige: Popular support for the president and his policies. Position: The president must safeguard his power because he has no allies who do not also seek to win power from him, helps himself. How the President gets things done, Executive bargaining: has to negotiate with agency heads who generally have considerable power (necessary to reliably do their jobs.) Congressional bargaining: A popular president, however, can impose his will on Congress by emphasizing public support.

Going Public Presidents do this when they engage in intensive public relations to promote their policies to the voters and thereby induce cooperation from other elected officeholders in Washington. Kernells theory that divided government makes bargaining too challenging and thus forces presidents to take their case to the public Ways the Kernell model rejects the Neustadt model: 1. Presidents will focus on shallow red meat legislation 2. Requires presidents to take a public position 3. Going public undermines party allies in Congress Implication of the Kernells Going Public explanation Advantage of outsiders (running against Washington). Increased importance of individuals and de-emphasis of the major interest groups Dangers of going all in and losing the public Loss of power of the president in the new media age?

Electoral College Designed to frustrate the popular will and sublimate if to elite will. Essence of the republican, un-democratic Constitution. Strongly advantages swing states and states with inexpensive media markets. Modern primary system advantages early states. Negotiation with Congress: Central Clearance: A presidential directive requiring that all executive agency proposals, reports, and recommendations to Congressmostly in the form of annual reports and testimony at authorization and appropriations hearingsbe certified by the Office of Management and Budget as consistent with the presidents policy. Executive Agreement: An agreement between the president and one or more other countries. Similar to a treaty, but unlike a treaty, it does not require the approval of the Senate. Executive office of the President: Collection of agencies that help the president oversee department and agency activities, formulate budgets and monitor spending, craft legislation, and lobby Congress. The major components, established in 1939 by President Franklin Roosevelt, include the White House Office, Office of Management and Budget, National Security Council, and Council of Economic Advisers, among other agencies. Gag Rule: An executive order prohibiting all federal employees from communicating directly with Congress. Gridlock: A legislative "traffic jam" often precipitated by divided government. It occurs

when presidents confront opposition-controlled Congresses with policy preferences and political stakes that are in direct competition with their own and those of their party. Neither side is willing to compromise, the government accomplishes little, and federal operations may even come to a halt.

Bureaucracy: A complex structure of offices, tasks, and rules in which employees have specific responsibilities and work within a hierarchy of authority. In government, they are charged with implementing policies. Spoils System: A system in which newly elected officeholders award government jobs to political supporters and members of the same political party. The roots of the federal bureaucracythe departments, agencies, bureaus, commissions, and other executive units used to carry out national policiesare found in the Constitution, which authorizes Congress to make laws and the president to ensure their faithful execution. The size of the federal workforce increased substantially in the twentieth century. Whole departments were created to serve new categories of voters and interest groups. Standing: The right to bring legal action.

The Judiciary
In recent years, the Supreme Courts role has been to referee conflicts between the elected branches, using existing rules to ensure that elected officials do not overstep their authority. In this endeavor, the Supreme Court is currently assisted by ninety-four district courts and thirteen courts of appeal. The lower courts decide the vast majority of cases brought before the federal system. The Supreme Court focuses its limited time on a small number of cases (approximately one hundred each year) that allow it to resolve controversial questions or set important precedents to guide lower-court activity.

Trial and appellate courts Attorney General: The head of the Justice Department. As the nations chief legal officer, they represent the federal governments interests in law courts throughout the nation. The attorney general is also the chief law enforcement officer. Solicitor general: The official responsible for representing the U.S. government before the Supreme Court. They are a ranking member of the U.S. Department of Justice. Court of appeals: The second tier of courts in the federal judicial system (between the Supreme Court and the district courts). One serves each of eleven regions, or circuits, plus one for the District of Columbia. District Courts: The trial courts of original jurisdiction in the federal judicial system. The ninety-four are the third tier of the federal judicial system, below the Supreme Court and the courts of appeals.
Trial Court Federal trial courts are called district courts. Appellate Court Federal appellate courts are called courts of appeals. Cases can be further appealed to the U.S. Supreme Court. If either party disagrees with the decision in the trial court, they can appeal, asking a higher court to review the decision. The outcome of appeals cases have the potential to affect large numbers of people, because these decisions are binding on district courts within the circuit. No new evidence is presented, the judge(s) simply review the materials from the original trial and determine whether the lower court made the correct legal decision.

Cases are heard for the first time in a trial court.

Cases only affect the people involved with the case.

The two sides present evidence and witnesses, and either a judge or a jury makes a decision based on the evidence presented.

Judicial Review: The authority of a court to declare legislative and executive acts unconstitutional and therefore invalid. The legal model: (60s) -Facts of a case decide an outcome -Facts are interpreted according to rules -Rules are applied and an outcome is determined Useless, cannot predict outcomes, no explanation for legal change. The attitudinal model: (1991) -Supreme court Js are policy minded elites -Justices seek to implement their prefered policies -Policy on the court is set by the median voter - All law is politics

Imperfect predictive record, cant explain some counter intuitive behavior like strategic denials The strategic model(Late 90s) -Supreme court Js are policy minded elites -Justices seek to implement their prefered policies -The Js act strategically to achieve their aim -Preferences may be attitudinal or legal

Amicus curiae (friend of the court) and certiorari (make a writ) Amicus Curiae: "Friend of the court." A brief filed in a lawsuit by an individual or group that is not party to the lawsuit but that has an interest in the outcome. Writ of certiorari: An order that is given by a superior court to an appellate court and that directs the lower court to send up a case the superior court has chosen to review. This is the central means by which the Supreme Court determines what cases it will hear.

Criminal Law: Rules for behavior- State enforces Civil Law: Rules for interaction enforced by the civil law system of lawsuits Constitutional laws: Foundational law for establishing criminal and civil law. Supreme court power was established in Marbury v. Madison (1803)- An unconstitutional act cannot be law --------------------------------------------------------------------------------------------------------------------------Aldrich and Rohde: Aldrich & Rohde outline that the two principal organizing structures of
Congress are committees and parties. The essay outlines how committees have lost a degree of autonomy as a result of reforms in the 1970s. Power has shifted to party leadership. They employ their theory of conditional party government, which states that as the preferences of members grow more similar, members will delegate more power to their leaders. It uses this theory to explain the shift from committee power to party leadership power since the 1970s.

Kernell: Increasingly, American presidents have come to rely on "going public"--that is, on making direct appeals to voters in order to scare Congress into passing legislation that the president wants. Naturally, this is not the only strategy available to presidents, and choosing "going public" over negotiation certainly has its costs. As such, Kernell's central research question is this: "Why should presidents come to favor a strategy of leadership that appears so incompatible with the principles of pluralist theory?" (11). The answer, according to Kernell, is that divided government makes bargaining a less appealing and successful strategy, forcing presidents into their public appeals.
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