Nancy Pelosi

a vote for cloture ends a filibuster; it requires 3/5 (60) of the senate

Senators rarely vote for cloture due to the tradition of reciprocity

they give each bill a "rule" about debate and amendments

an open rule permits a bill to be amended on legislative floor

a gag/closed rule forbides amendments and limits debate

originally senators were picked by state legislators

after this amendment voters elect 2 senators from each state

oldest system of law based on written codes

sometimes called Roman law

code law is rigid and code is where all law is found and must be applied exactly

in code law there are no juries

Germans solved probs with money

every injury had price or wergeld

person who hurt another had to pay wergeld

this pretends that money repairs any harm even death

today courts award damages to injured party based on same idea

every case must have a live controversy - 2 parties who have real question to be answered 

with out this it is a moot case

made to limit the presidents war-making power

requires a president report his actions to congress

limits use of armed forces to 60 days without approval of congress

found only in countries influences by great britian based on customs and traditons of English people

common law is case law law is found in decisions of judges

sometimes called unwritten law

in early English law during a trial by ordeal it was supposed that a person was judges by God

test might be carrying red hot piece of iron for certian distance; if hand did not heal person was guilty

there were no appeals no hung juries

work in federal agencies hearing cases involving the agencys rules 

most work for social security administration deciding disability cases

William Marbury was denied his commission as justice of the peace 

he asked supream court for writ of mandamus to command sec. of state Madison to give him comm.

Cheif justice, Marshall, creates judical review (Marbury had right to comm. but sup. court could not issue writ b/c it would be unconstitutional)

gerrymandering

created district with majority of dem. voters while reducing rep voter strength

SENATE

VP; President Pro Tempore; Majority Leader; Minority Leader; Whips

HOUSE

Speaker of House; Majority Leader; Minority Leader, Whips

House has 435 Members

Senate has 100 Members

Where are the powers of Congress found in the Constitution?

What are the basic powers of Congress?

Congress described in article 1 or Constitution

1. Taxing, Spending, and Borrowing

2. Foreign Affairs

3. Commerce Power

4. Impeachment

5. Senate confrims appointments

6. Proposes amendments

7.Elects president and vice president

8. invesigates

9. disciplines its members

What are the steps in an impreachment?

Majority in House must vote to bring impeachment proceedings

Senate conducts trial and must convict by 2/3 vote

only removes an official from office

no president has been removed

HOUSE

Must be 25 and a citizen for 7 years

SENATE

must be 30 and a citizen for 9 years

BOTH must be a resident of the states they're elected from

The 20th Amendment made what change in how Congress operates?

ended lame duck congress

old congress continued for 4 months after election of new

Changed beginning date of new congress to Jan. 3rd

Who has the real power in the House?

1. Delegates: vote preferences of people of their district or state

2.Trustees: use own judgement about what is best

1 Pork Barrel Spending: Money for congressmans home district or state

2 Constituent Casework: efforts of members of congress and staff to help people in their home districts with problems usually related to government benefits

House has House Rules Committee because its too large to allow everyone to speak on a bill

Senate has unlimited debate, can filibusted to "talk a bill to death"

slow and inefficient

unrepresentative

unethical

it lacks responsibility

Based on customs and traditons of English people

common law is case law; the law is found in decisions of judges.

Where do most administrative law judges work?

in federal agencies hearing cases involving agency's rules 

social security administration

US supreme court

circuit courts of appeal

special courts created by congress

district courts

merit

friendship

balance

legal philosophy

How long is the term of a federal judge?

Original jurisdiction: cases between states, between sates and foreign country, involving foreign diplomats

lower fed courts: writ of certiorari, circuit courts of appeal, legis courts

State courts of last resort

What rule does the supreme court use to decide which cases it will hear?

1 judicial activists: interpret constitutio to reach result they think is best

2. judicial self-restraint: follow letter of constitution and do not interpret using own judgement

1. gives no advice - must be live controversy

2. requires standing - person is directly affected by it

3. hears no politcal questions

4. laws can be stupid - but still be constitutional

1. witnesses and exhibits,
2. judges, and
3. juries.

Step 1: A Bill Is Born

Step 2: Committee Action

Step 3: Subcommittee Review

Step 4: Mark up

Step 5: Committee Action to Report a Bill

Step 6: Voting

Step 7: Referral to Other Chamber

Foreign Intelligence Surveillance Court

can be held is secret