Congress And Legislative Behavior Terms

Front 1

What kind of institution is the House?

Back 1

It is a Majority Rule institution. There is an emphasis on decision, not deliberation. It is a Partisan body. Policymaking is flexible and adaptable

Front 2

What kind of institution is the Senate?

Back 2

It is a Minority Rule institution. With only 2 from each state, truly imbalanced. It is based on precedent. Operates by unanimous consent because all senators have Extended Debate (filibuster) and Non-Relevant Amendments.

Front 3

Compare speaking times between the House and Senate (HOUSE)

Back 3

House: a)Limited speaking time because of growth in size. Nothing would ever get done otherwise. b)Speaker's recognition of power by asking purpose. Majority leader gets recognized over anyone else if no one has floor. c) Strict germaneness rule. Allows for one subject @ a time. Points of order against the amendment if not germane, need to prove that it is. Has to fit subject matter and can't expand it. d) Adoption of House rules at the start of each new Congress. Rules are reviewed and changed on the first day based on experience of past years,Majority decides changes. e) Debate ending motions

Front 4

Compare speaking times between House and Senate (SENATE)

Back 4

Holds: Silent Filibuster
Filibusters
Cloture Rule 22 = motion to call bill up, can't filibuster further.

Front 5

How do measures reach the floor in the House?

Back 5

Diff. procedures for diff bills. Noncontroversial bills follow one route compared to conroversial. Every Mon, Tues, Wed. Calendars:

Front 6

Calendar

Back 6

Union Calendar = $
House Calendar = Non $, Amendments, Rules,
Private = Private bills, discharge.

Front 7

Suspension Rule

Back 7

Suspend rules. Speaker controls this procedure. 20 minutes per side debate. No one can offer an amendment. after 40 min single vote on suspending the rules and passing the bill. Need 2/3 vote to pass a bill under suspension rules. Minority party can lay off providing votes if feel being shafted from getting their own suspension bill.

Front 8

Open rule

Back 8

Offer infinite amendments, germane.

Front 9

Closed rule

Back 9

No amendments can be offered

Front 10

Modified Open

Back 10

Everything is open but a specific part

Front 11

Modified Closed

Back 11

Everything is closed but a specific part. aka Structured

Front 12

Committee Of the Whole House

Back 12

100 memers vs. 218 quorum. Geared to expedite legislation. Majority party colleague chairs it instead of speaker.

Front 13

5 Minute Rule

Back 13

Amending phase

Front 14

Motion to Recommit

Back 14

Property of minority party, simple move to recommit the bill back to committee that reported it; and instructions...either policy alternative or report back.

Front 15

Senate Floor Procedures

Back 15

1) Majority leader secures unanimous consent of the Senate
2) Presiding officer recognizes the majority and minority floor managers for opening statements.
3) Amendments are then in order, with debate regulated by the terms of the unanimous consent agreement.
4) A roll call vote takes place on final passage.

Front 16

Post-Veto Action

Back 16

Congress

Front 17

The Line-Item Veto

Back 17

cancel dollar amounts in appropriations see pg 324

Front 18

Independent Presidential Model

Back 18

President tries to accomplish priorities alone

Front 19

Partnership Presidential Model

Back 19

President works with Congress to accomplish priorities.

Front 20

What are the 5 presidential theories?

Back 20

Persuade
Rhetorical
Administrative
President and Political Time
Two Presidencies (Domestic v. Foreign Policy)

Front 21

Executive Order

Back 21

not a law....back door...

Front 22

Pocket Veto

Back 22

doesn't veto, Congress is out of session. Bill cannot become law.

Front 23

Administrative Procedure Act of 1946

Back 23

lays out standards for rulemaking by government agencies. When final, all regulations have the force and effect of law. Executive Officials who write the rules are lawmakers operating in a bureaucratic context.

Front 24

Congressional Review Act of 1996

Back 24

requires agencies to submit all proposed major rules and regulations to the House and Senate. They have 60 legislative days to reject it under expedited procedures by enacting a joint resolution of disapproval.

Front 25

Legislative Reorganization Act of 1946

Back 25

Directed all House and Senate committees to exercise continuous wrathfullness over the programs and agencies under their jurisdiction.

Front 26

Congressional Veto

Back 26

Statutory enactment that permits presidents or agencies to take certain actions subject to later approval by one or both houses of Congress. Convenient for branches, executives gain decision making authority and Congress retains a second chance to make decisions.

Front 27

Mandatory Reports

Back 27

Congress can require that the president, federal agencies, or departments to assess their programs and report their findings to "check that laws are having the intended effect."

Front 28

Nonstatutory Controls

Back 28

Other ways of checking in that are not official such as phone calls, letters, personal contacts.

Front 29

Inspectors General (IG)

Back 29

offices in nearly every federal department that hire auditors, investigators, and inspectors to report and root out waste, fraud, and abuse.

Front 30

Impeachment

Back 30

ultimate governmental check vested in Congress. 2/3 vote required for conviction.

Front 31

Limitations of oversight techniques

Back 31

Minimal followup on hearings. Appropriations less likely to take a lot of $ away because fluctutation wouldn't allow program to run effectively.
No cooperation b/w committes that show jurisdiction over a pgoram. Unsystematic review, diff info every year makes uncomparable. Frequen turnover of committee staff aides doesn't allow them to have a full understanding of the programs.

Front 32

Class Action Fairness Act

Back 32

expanded jurisdiction of federal courts over state-law-based class actions. Intention was to shift class actions away from plaintiff-friendly state courts into more defendant-friendly federal courts.

Front 33

"legislating from the bench"

Back 33

Courts make decisions that should be settled by elective branches, not personal values over dictates of law.

Front 34

Detainee Treatment Act

Back 34

p.370 False dialogue changed interpretation

Front 35

Jurisdictional Stripping

Back 35

When controversial Congress may threaten to take away Supreme Court's authority to review certain categories of cases (i.e. Pledge, Sam Sex Marriages haven't come to SC)

Front 36

Impeachment of Judges

Back 36

subject to impeachment under article II. Appointed for life under 'good behavior'. Need to be impeached by House and Senate.

Front 37

Blue Slip Policy

Back 37

approval papers Senators asked to submit on nominees for judgeships in their states

Front 38

Direct Lobbying

Back 38

Lobbyists present their client's cases directly to members and congressional staff.

Front 39

Social Lobbying

Back 39

Lobbyists gain access to members at dinner parties or receptions.

Front 40

Coalition Lobbying

Back 40

Coalitions formed to promote or defend goals.

Front 41

Grassroots Lobbying

Back 41

Mobilizing citizens in districts and states across the country to pressure their senators and representatives.

Front 42

Electronic Lobbying

Back 42

Using technology to promote grassroots lobbying

Front 43

The Lobby Disclosure Act of 1995

Back 43

established criteria for determining whether an organization of firm should register their employees as lobbyists

Front 44

The Legislative Transparency and Accountability Act of 2007

Back 44

Lobbying reform bill

Front 45

Foreign Lobbying

Back 45

Globalization of Congressional lobbying..

Front 46

Why Does Congress have the Power of the Purse?

Back 46

This goes along with the checks and balances system. The president proposes the annual budget, and Congress actually approves it.

Front 47

Describe Congressional Oversight

Back 47

Congress shapes foreign policy through oversight of the executive branch's performance.

Front 48

What are Legislative Mandates?

Back 48

Launching new programs, authorize certain actions or to set guidelines by legislative directives.

Front 49

War Powers between Congress and the president

Back 49

War powers are shared. Pres is commander in chief of the military and naval forces, but Congress has the power to declare war.

Front 50

War Powers Resolution

Back 50

requires president to consult with Congress before introducing U.S. troops into hostilities; report any commitment of forces to Congress within 48 hours and terminate the use of forces within 60 days if Congress doesn't declare war.