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| 6 year terms, 100 senators, less organized, less centralized, must be citizen for 9 years, must be atleast 30, equal representation (two per state), individual senator is more powerful than an individual representative |
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| 2 year terms, 435 representatives, more organized, more centralized, must be citizen for 7 years, must be atleast 25, unequal representation (based on population of state), Speaker of House has more power than President Pro-Tempore (stronger/more powerful leadership) |
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| A candidate running for re-election to a position that he/she already has |
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| The idea that we have high incumbency rates in the House and Senate, which helps preserve the status quo |
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| Rate of Incumbency In Congress |
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| Three factors related to who gets elected to the U.S. Congress |
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| stagnation (incumbency rates), who decides to run, redistricting (redrawing district lines) |
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| Proposed legislation (law) that has been sponsored by a member of congress and submitted to the clerk of the House or the Senate |
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| Tactic used by member of the senate to prevent action on legislation they oppose by continuously holding the floor and speaking until the majority backs down. |
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| What is required to end a filibuster (60 votes/around 2/3 of senate) |
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| Most powerful position, selects officers, controls debate floors, selects committee chairs |
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| Explain what is going on and why, schedules debates, sends bills to committee, appoints committee leaders |
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| Gather votes and make sure that everyone is in attendance |
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| (President of the Senate) Vice President, appoints committee leaders, sends bills to committee |
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| Party Leadership responsibilities |
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| Organize the schedule, assign members to committees and their makeup, assign legislative agenda |
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| A member is going to want to be on a committee that best benefits their background, home, and the people they represent (ex. A member from a farming city will want to be on a committee to where they can help farmers) |
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| Permanent committee with the power to propose and write legislation that covers a particular subject, such as finance or agriculture (they are proportional with Democrats and Republicans) |
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| A temporary legislative committee set up to highlight or investigate a particular issue or address an issue not within the jurisdiction of existing committees |
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| A legislative committee formed of members of both the House and the Senate which work on similar issues as those with the standing committees |
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| A joint committee created to work out a compromise on House and Senate versions of a piece of legislation |
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| Determine the parameters around the bill (when it takes place, open or closed debate, etc.) |
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| The process of how a bill becomes a law |
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| Committee -> subcommittee -> rules committee -> floor for debate -> other chamber -> conference meeting between two chambers (conference committee) ->President |
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| Different actions that president can take on passed bills |
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*Number of veto's through the 1960's steadily decreased*
1.) Sign the bill
2.) Veto the bill (which is sent back to Congress which can override veto with 2/3 vote in each chamber)
3.) Pocket veto – when a bill is sent to the president and he does not answer it in a period of time (around 10 days) whether due to absence or just ignoring the bill. If Congress is in session, and the President doesn’t answer in 10 days, the bill becomes a law without signature, but if Congress adjourns and the President doesn’t answer, then the bill dies |
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| Party unity is at an all time high |
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| Bill goes to bureaucracy, so Congress oversees it to make sure that the bill stays how it was designed and how they want it to be as the bureaucracy handles it and details it. Makes sure that the bureaucracy does not change anything about the bill. Prevents the capture theory. |
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| Issues with passing legislation |
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| Members of the bureaucracy may interpret things differently than Congress, so they may make the bill different than how it was originally proposed. Congressional oversight factors in by fixing the bill and making it right. |
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| Redistricting case where the Supreme Court limited racial redistricting. The Court stated that race could not be the predominant factor in creating electoral districts |
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| The presidential electors from each state who meet together after the popular election to cast ballots for president and vice president. Determines who wins the presidency. |
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| Presidential approval ratings |
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| Every president has lower approval ratings over the course of their presidency, except for Clinton, who had higher approval ratings at the end of his presidency, rather than the beginning. |
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| A position of authority where one has the opportunity to speak out to the public and be heard whether it is through being seen on television, heard on the radio, etc. (Ex. The President announcing that Bin Laden had been killed) |
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| Barber’s presidential typology |
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• Active – Passive: amount of energy invested in presidency/ approach to the job
• Positive – Negative: how president feels about what he does/ view of the world
• Best presidents are both active and positive, while the weaker presidents are passive and negative. Some are passive and positive, and some are also active and negative.
o Woodrow Wilson – Active and Negative
o FDR – Active and Positive
o Clinton – Passive and Positive
o George W. Bush – Active and Positive |
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| An agreement, made between the president and another country, that has the force of a treaty but does not require the Senates “advice and consent” |
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| The claim that confidential communications between a president and close advisers should not be revealed without the consent of the president (most recognized for being used by Nixon in the Watergate scandal, leading to his resignation) |
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| Executive Office of the President |
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| (EOP) – origins are in FDR administration. President relies on EOP which is growing with unapproved members (takes away power from Cabinet which is approved by Congress) |
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| National Security Council |
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| Part of EOP that is an important part of foreign policy. Less structured but more influential than Cabinet |
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| 15 major departments that require Senate confirmation, and that also have approved members. Growing less influential and powerful due to the growing EOP |
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| Federal executive agencies and rule making |
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| Interpret intent of the laws, make new rules of law. Also interpret old laws |
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• Ex. NASA, CIA
• Handle tasks too large or important for private sector |
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| Government is going to redistribute income from one group of people to another |
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| regulates behavior (most difficult to carry out ) |
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| takes money from reserve and passes it out |
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| President’s informal powers |
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| Presidents informal powers are increasing because he is using executive agreements and the EOP and the White House Staff (these are all independent of Congress….the Cabinet and treaties are the formal powers that are decreasing) |
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| War Powers Resolution Act |
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| Passed in the aftermath of the Vietnam War that puts limits on the ability of the President to send American troops into combat areas without Congressional approval. This act states that he can send troops into action abroad only by authorization of congress, or if American troops are already under attack or serious threat |
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| President-centered government |
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| Starts with Franklin Roosevelt; President is center of policy making |
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| Implementation of legislation |
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| The efforts of departments and agencies to translate laws into specific bureaucratic routines. Through implementation, the objectives of the organization are carried out. |
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| A quasi-legislative administrative process by which government agencies produce regulations. Effectively the same as legislation (just making rules) |
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| Administrative adjudication |
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| Applying rules and precedents to specific cases to settle disputes between regulated parties. |
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| Number of federal employees |
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| Trend: gradually declined compared to normal workforce since 1950’s |
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The complex structure of offices, tasks, rules, and principles of organization that are employed by all large-scale institutions to coordinate the work of their personnel
o Characteristics of bureaucracies: hierarchy, job specialization expertise, standard operating procedures
o Roles of bureaucracies: implementation, rule making, adjudication |
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| German sociologist who defined bureaucracies and stressed the importance for capitalism |
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| The Civil Service Act of 1883 |
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Definition
| Public bureaucrats have better job security than those of private organizations so in 1883, Federal government tried to imitate business by passing the Act and creating a merit system, where those running for positions must be deemed qualified in order to get the job. This also helped all potential workers study harder and learn more to be more qualified for job, thus making the merit of each person much higher. Over time, the system went from gentlemen -> loyalists-> merit |
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| Inside the Meltdown: Video |
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Definition
| Federal Reserve and secretary of treasury shaping the course of action by the government (they controlled every step of the process), determining who the winners and losers are going to be in banking (helped some companies out of bankruptcy but not all), ramming the bell out through congress |
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| Patient Protection and Affordable Care Act 2010 |
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| Bill that shows how influential interest groups are in writing policy – “crafting language in the law” |
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| The stable, cooperative relationship that often develops among a congressional committee, an administrative agency, and one or more supportive interest groups |
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| Individuals who organize to influence the government’s programs and policies |
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| The power of the courts to review and, if necessary, declare actions of the legislative and executive branches invalid or unconstitutional. The Supreme Court asserted this power in Marbury vs. Madison |
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| Mechanisms through which each branch of government is able to participate in and influence the activities of the other branches. Major examples: presidential veto over congressional legislation, senate approves presidential appointments, judicial review of congressional enactments |
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Laws that deal with individuals over contracts or property or rights and responsibilities
o Ex. Judge Joe Brown, divorce court, individual vs. corporation |
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Deals with abuses of power by government
o Deals with constitutional law
o Ex. Government didn’t do something right (due process, illegal search, etc) |
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| Laws when government is plaintiff (charges you with murder, robbery, etc). States and federal government determine what is a crime and make laws from it. Deals with criminal acts and determines the punishment. |
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| Deal with majority of cases |
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| The lowest level courts, first ones to hear criminal or civil cases |
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Review cases from lower courts through supremacy clause
• US court of appeals and supreme courts.
• Appellate courts are not hearing new facts, they determine if your case was constitutional.
o 13 appellate courts
o St. Louis is ours
o Only hears 20% |
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o Federal statues
o Cases involving the US constitution
o Treaties with other nations |
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| Jurisdiction of federal courts |
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• Jurisdiction is derived from Constitution
• Mainly based on geography and location
• Ex. Crime in Arkansas will have court in Arkansas because that is where it took place |
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| In the Supreme Court, four justices need to want to hear the case, or else it will never reach the Supreme Court |
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| Cases that fall under federal courts jurisdiction |
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| Most cases are handled by federal district courts based on geography. Supreme Court has original jurisdiction over all cases, but most original jurisdiction goes to the lowest courts |
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| "Let the decision stand” – Go with precedent. Once a decision is reached, it can not be changed |
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| Judicial philosophy whose adherents refuse to go beyond the clear word of the Constitution in interpreting its meaning (in a decision, the constitution is taken literally, and is interpreted by what was originally said centuries ago) |
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| Judicial philosophy that posits that the Court should go beyond the words of the Constitution or a statute to consider the broader implications of its decisions (in a decision, the constitution is not taken literally, it is interpreted with a modern sense) |
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| Doctrine of Habeas Corpus |
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• Protects people from unlawful detention
• A court order demanding that an individual be brought into court and shown the cause for detention |
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