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99 Cards in this Set

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Speaker of the House

presides over the House, majority party leader, 2nd in line for presidential succession, selects 9/13 members for the House Rules Committee, appoints all members of select and conference committees, determine which committee considers a new bill, determines what bills make it to the floor

House Rules Committeee

13 members, determines which bills comes to the floor, when, and under what conditions debate will be held

John Boehner

Current Speaker of the House

House Majority Leader

floor leader of the majority party, elected every 2 years by secret ballot of the party caucus

caucus

members of the party meet in privacy to plan their policies and political strategies, helps plan legislative agenda, consults with members, confers with president, works to advance programs of the majority party

House Minority Leader

floor leader of the minority party, tries to promote unity among party colleges, monitor the process of bills through committees, and form coalitions

whips

assistants to the majority or minority leaders, gather intelligence about party members, encourage attendance, count potential votes, persuade colleges, convey leadership view to colleges, encourage party discipline

party discipline

pressure on party members to vote on bills that have the support of the party leaders, tendency for for members of a legislative party to vote as a block (democrats vote like democrats, republicans vote like republicans)

Senate Majority Leader

the most powerful person in the Senate, but almost never presides in the Senate

The Vice President - Joe Biden



Seldom presides over senate sessions and can only vote in case of a tie.

Who is the president of the Senate?

President Pro Tempore

senator from the majority party with the longest continuous service, presides over the Senate in the Vice President's absence

committee system

provides Congress with its organizational structure, serves as a division of labor, breaks down into parts, makes it easier to be efficient

1. Standing


2. Joint


3. Select


4. Conference

4 Types of Committees

standing committee

permanent committee, survive from one congressional session to another (20 in the House, 17 in the Senate)

joint committee

made up of members from both the House and Senate, relatively small number of these committees, using concerned with a particular policy

1. Joint Committee on Library of Congress


2. Joint Economic Committee


3. Joint Committee on Taxation

3 Joint Committees

select committee

temporary committees created for a specific purpose, used to cover a particular issue

conference committee

temporary committee created to work out differences between the House and Senate on specific pieces of legislation, sometimes formed when each chamber passes a different version of the same bill

1. Bill is read


2. Referred to the appropriate committee


3. Committee overseen by the chair can table the bill and kill it right away or assign it to a sub committee


4. Bill must go through the House Rules Committee who allots time for debate and decides what extend the bill can be amended from the floor


5. Bill sent to House floor

How A Bill Becomes a Law: Making Policy in Congress - HOUSE

bill

proposed law drafted in precise legal language


1. Bill is read


2. Referred to the appropriate committee


3. Committee overseen by the chair can table the bill and kill it right away or assign it to a sub committee


4. Bill sent directly to the floor


5. A bill can be stopped by a senator engaging in a filibuster


How A Bill Becomes a Law: Making Policy in Congress - SENATE

1. Open rules


2. Closed rules


3. Modified rules

3 Options for the Rules Committee

anybody can offer amendments and as many as they want as long as jermain (relevant)

Open Rules

no amendments may be offered

Closed Rules

allowed a certain number of amendments to vote on

Modified Rules

filibuster

instances in which senators, once recognized to speak on the floor, talk for an extended period of time in an attempt to block the rest of the senate from voting on a bill

Committee Chair

majority leader of a committee

ranking minority member

minority leader of a committee

consideration

process through which a committee shapes a bill before it enters the floor

1. Hearings


2. Markups


3. Report

3 Steps of Consideration

hearings

committees listen to a wide variety of witnesses such as the bill's sponsors, federal bureaucrats, interest groups, and private citizens

markups

after holding hearings, the members of a committee must decide on the actual language of a bill

report

if the full committee votes to send the bill to the floor, the staff prepares a report describing the purposes and provisions of the legislation

cloture

established in 1919, a way for a filibuster to be ended through 3/5 vote (without it the bill dies)

1. Members consider amendments


2. Each member votes


3. Two houses work out their differences through a conference committee


4. If passes both houses, moves on to the president

After the bill reaches the floor...

1. Sign the bill into law


2. Veto the bill


3. Do nothing, after 10 days bill automatically becomes law


4. Pocket veto and refuse to sign it, if Congress adjourns before 10 days the bill automatically dies

4 Options the President has when Presented with a Bill:

veto

president turns down a bill and sends it back to Congress, can be overridden by a 2/3 vote by Congress

pocket veto

president refuses to sign a bill and congress adjourns before 10 legislative days, causing the bill to die

1. Faithfully executing laws (executive orders)


2. Commander in chief of the military


3. Responsible for federal budget of the U.S. government

Executive Powers of the President

1. Sign and veto legislation


2. State of the Union address

Legislative Powers of the President

1. Nominate judges


2. Grant pardons

Judicial Powers of the President

Make treaties with foreign nations and receive ambassadors.

Foreign Powers of the President

1. Executive powers


2. Legislative powers


3. Judicial powers


4. Foreign affairs powers

Constitutional Powers of the President

1. The Bully Pulpit - president's platform to convey a message, even if it's not about politics


2. Unofficial head of political party


3. Patronage - giving government jobs to an ally


4. Elections - mandate, presidency backed by the people's support


5. Popularity - the more popular the president, the more leeway he has


6. Setting the agenda - everyone focuses on what you think is important

Traditional Powers of the President

"nation's preacher", privileged place as a speaker on the behalf of the American people

Bully Pulpit

patronage


giving government jobs to an ally, or someone who backed you while running for president

Pendleton Act of 1883

can't hire or fire someone because of political parties, people have to be qualified, got rid of the spoils system

spoils system

supports for a president's campaign would be rewarded with government jobs once he had won

Tonkin Gulf Resolution

Congress allows more soldiers to be sent, allows the President to take all measures to repel any attack on U.S. forces or SEATO

1. President must report to Congress with 48 hours of troop development


2. President must get congressional approval for the use of combat within 60 days


3. This can be extended 30 days if the president believes the extra time is neccessary

War Powers Resolution (1973)

1. Original Intent Approach


2. Living Document Approach

Two Interpretation of the Constitution

the Constitution is the law of the land, then we should try to figure out the intentions of the people who wrote that Constitution

Original Intent Approach (Strict Constructivism)

times change, society changes, so should change the way in which we view our constitution

Living Document Approach

the rule of four

four Supreme justices must be willing to look at a case for review

docket

list of cases to cases to be heard by the Supreme Court

At the end of John Adams presidency, Marbury as judge, but the papers weren't processed. Marbury filed suit against James Madison, because he wouldn't approve the appointment. The Supreme Court decided that although Marbury was positions, the Supreme Court had no power to order Madison to deliver it to them. *Gave the Supreme Court the power of judicial review.*

Marbury vs. Madison (1803)

judicial review

the power to declare congressional acts invalid if they violate the Constitution

Reed's rules

procedural guidelines used by the majority party leadership in the House for determining who sits on which committee, how the order of business should be decided, and how the majority party should limit the powers of the minority party

majority opinion

the majority of judges whose votes win the case writes out why they voted the way they did, used a model for lower courts

disenting opinion

judge with the minority vote think the other side is wrong, writes out why they voted why they did

concurring opinion

judges go along with the majority for voting, but have a different reasoning as to why to vote that way

distribution model

the view that members of Congress help other members secure economic benefits for only their specific groups, not the general public

impeachment

process by which the House formally charges a federal government official with a high crime, then the Senate votes on whether or not to remove them from office

delegates

representatives who listen carefully to what their constituents want and make decisions based on feedback from their constituents

common law

the judiciary has the authority to determine how the law is be interpreted, legal precedent established by judges informs future decisions

Chief Justice

head of the Supreme Court, lead business of the Supreme Court and presides over oral arguments

adjudication

process by which a judge reviews evidence and comes to a decision determining rights and obligations of parties involved

writ of certiorari

an order by the Supreme Court directing an inferior court to deliver the records of a case to be reviewed, which means the justices of the Court have decided to hear the case

Vice President

Who is the president of the Senate?

ratify

to sign or give formal consent to a document or bill

logrolling

an instance of two or more legislators agreeing to vote in favor of one another's proposed bills or amendments

"to table a bill"

to suspend consideration of a bill indefinitely through a majority vote in the House

informational model


the view that internal groups in Congress help Congress make more informed decisions

trustees

representatives who make decisions using their own judgements about what is best for their constituents

standing

the official status of a case to be decided by the court

statutory law

the law expressed in writing passed by legislature

stare decisis

the legal principle that requires judges to respect the decisions of past court cases

seniority system

granting privileges to members of Congress who have been there the longest

committee

a sub unit of congress that handles a specific duty

subcommittee

division of a committee that considers specific matters and reports back to the full committee

override

counteracts a veto, needs 2/3 vote in both House and Senate

pork barrel

government spending that benefits a narrow constituency in return for electoral support or some other kind of political support including campaign donations

oversight

the review, monitoring, and supervision of federal agencies, programs, activities, and policy implementation

cabinet

departments within the executive branch that encompass many of the agencies that implement general policy, secretaries appointed by the president and confirmed by the senate are given the responsiblity of leadering these departments and probiding advice to the president

partisan model

the view that majority party leaders dominate the working of Congress and ensure that most legislative benefits come to majority party leaders

split referral

a rule that permits the Speaker of the House to split a bill into sections and give sections to specific committees

signing statement

a public statement written by the president and attached to a particular bill to outline the President's interpretation of the legislation

executive order

an official means by which the president can instruct federal agencies on how to execute the laws passed by Congress

class action

a lawsuit in which the plaintiff or defendant is a collective group of individuals

constitutional law

the collection of fundamental rules for making statutory laws and regulations, their enforcement, and the court decisions interpreting those rules

amicus curiae

letters to the court in which those who are not parties in a case provide their opinions on how the case should be decided


appellate court

the cases are brought there on appeal by either the plaintiff or the defendant after being decided in a lower level court, no new evidence or witnesses are brought in

1. presides over the House


2. 2nd in line for presidential succession


3. selects 9/13 members for the House Rules Committee


4. appoints all members of select and conference committees


5. determine which committee considers a new bill


6. determines what bills make it to the floor

Powers of the Speaker of the House

1. schedules legislation to be presented on the floor


2. consults with other members on party issues


3. works to advance the goal of the majority party

Powers of the Majority Leader

1. Senators are there longer and are more independent with fewer rules


2. Senate has no Rules Committee, after deliberations bills are simply brought to the floor


3. A bill can be stopped before getting to the floor by filibustering

How does the Senate differ from the House?

Congress

Who has the power to declare war?

World War II was the last formal war that was declared by Congress.

When was the last time that Congress declared war?

Congress does not want to have to put full money and resources into a war at the cost of the people. Plus, once Congress declares war it also gives the president special war time powers that they might not want to provide.

Why is Congress reluctant to declare war?

1. Distribution


2. Informational


3. Partisan

Three Models for Analyzing Congress