Term
| Proceduralism/Obstructionist Process/Veto-Gates |
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Definition
Difficult to actually get legislation passed because of all of the veto-gates in place, from committee through floor debate.
PRO:
Finely wrought process -> Promotes Deliberation
More views are considered on effect of bill, minority views
MADISON -> Concerned about factions taking over
HAMILTON -> If MANY BAD LAWS DIE, then an injury to a few good ones will be amply compensated
Promotes STABILITY and PREDICTIBILITY -> hard to change or ammend, makes better predictive force
CON:
Harder to get good law passed.
Harder to pass laws quickly in an emergency
POLITICAL GAMESMANSHIP -> Sometimes in consideration of all the veto-gates, we get legislation that doesn't reflect the majority opinion (because of some curmudgeonly person who has captured a veto gate) |
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Term
| Pluralism/Public Choice Theory/Interest Group Theory |
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Definition
MYRIAD INTEREST GROUPS act OUTSIDE THE POLITICAL PROCESS to influence the legislators (agency model)
Pros:
Lots of negotiations, so groups will compromise on laws they all agree on
Special interest groups represent ACTUAL PEOPLE WITH LEGITIMATE CONCERNS
Outcome is that USUALLY every group of people gets something out of the legislation.
Cons:
Rent Seeking - Representative demands contribution to his interest group before acting on anything
Small groups of people can kill a majority bill through capture
Mancur Olson "THERE IS A SURPRISING TENDENCY for EXPLOITATION OF THE GREAT BY THE SMALL" - ie small interest groups weigh heavy on realpolitik
--There ARE large groups, so that's a counter argument |
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Term
| Positive Political Theory/Institutionalism |
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Definition
Ongoing interactions between key players throughout the governmental body
Three independent branches, each calculating what the other will do, each settling on the course that will not be disturbed by the other branches
ISSUES:
Status quo is hard to change
Views of enacting congress become less important over time -> it is truly the new congress that they actually consider.
Judges and Justices are TRYING TO ENACT THEIR VIEWS AND ASSUMPTIONS, and so they look to what other actors might do.
Does not account for restraints on specific actors, assumes omnipotence tempered only by "the look" |
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Term
| Two Steps to BILL BECOMING LAW |
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Definition
1. Bicameralism - Both SENATE and HOUSE must agree on a unified and singular bill to present to the president.
2. Presentment - Bill ratified by congress is presented to president for either signature or veto. |
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Term
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Definition
1. Presentment - President is the recipient of presentment, and he either signs or does not sign it.
2. Bully Pulpit -> President can speak to general populace in a unique way, can sway their minds
3. Caries a big stick to influence votes -> doesn't just wait for legislation, is actually working in the trenches.
4. Choices: Sign, Veto, Sit for 10 Days (after which it becomes law, unless congress adjourned - then it dies) |
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Term
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Definition
Rent Seeking -> Getting political contributions from special interest groups, or providing dividends to interest groups after support where such legislation would not help the general populace, but only a small group.
Public Choice Theory CON |
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Term
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Definition
Aspect of STRATEGIC VOTING whereby a legislator adds an amendment to the bill which is calculated to stop it at the next VETO GATE
Proceduralism CON, Public Choice Theory CON -> Minority group pushes to kill thru rent-seeking or capture.
Positive Political Theory -> FOCUS ON THE INTERACTION, MAYBE THIS IS A GOOD THING - MAYBE SOMEONE OVERSTEPPED |
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Term
| Secret Hold - PROXY FILIBUSTER |
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Definition
Member of minority party can tell leader he is holding out to prevent vote from occuring.
NOW, constituents can use internet to determine who the hold is and can call legislator to bitch. |
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Term
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Definition
| Voting for things (amendments, etc) that are against majority interest |
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Term
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Definition
UNITING MINORITY INTERESTS by putting unrelated provisions into one bill to force passage.
Increasing taxes on a sex offender bill.
Happens frequently on "MUST PASS" legislation. |
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Term
| DEMOCRATIC CHECKS AND BALANCES |
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Definition
| Court can rule laws unconstitutional, Congress can amend statutes in reply, President appoints the judges and can veto bills at the start, Congress can override a veto and IMPEACH THE PRESIDENT |
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Term
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Definition
Actually voting your interest - Women voting for Title VII partially because "sex" was added as a protected class.
This despite the fact that it was added as a theoretical killer amendment. |
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Term
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Definition
Different versions of bill passed in House or Senate, conference committee is held to iron out differences.
Sometimes, instead, bill goes back to house to rectify changes in order to avoid another veto-gate in the conference committee. |
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Term
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Definition
| Refusing to vote on a MUST PASS as a hold-out on a bill that is against minority interest. |
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Term
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Definition
| 1975 - Changed to require only 60 votes to overturn filibuster. |
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Term
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Definition
Legislative Power Vested in Congress
Article 1, Section 7 - Bicameralism/Presentment
Article 1, Section 8 - Powers of Congress - GIVES RIGHT TO PASS LAWS AND REGULATE INTERSTATE COMMERCE
Article 1, Section 9 - Congressional LIMITS - no destruction of Habeus Corpus, no export tax, no ex post facto law |
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Term
| Article 2 - The President |
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Definition
Executive power vested in president.
Tasked with implementing and enforcing the laws
Commander and Chief, SEPARATE and APART from faithful execution of laws
--to what extent can the commander in chief act without congressional authorization? UNCLEAR |
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Term
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Definition
| Judicial power vested in the courts |
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