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51 Cards in this Set
- Front
- Back
Legislative Branch: Envision of Framers |
Preeminent branch of the federal government.
given most important duty: Rep and legislate but did not trust politicians Bi-cameral (Senate then House) as a set of internal checks and balances Still believed in States rights but unsure on it |
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Legislative Branch: Development |
Over time, congress has changed due to party unity. political alliance more important to officials to appear more competent and help with personal district gridlock and stagnation plagues congress due to structure |
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Issue with structure of congress |
designed for very narrow minded politics, not dealing with national issues. elections drive almost all policy
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What is problematic, if anything, about having legislators who have responsibilities in both Washington and their home districts? |
These responsibilities to Washington and home districts creates contradictory feelings. In washington, work as a group (usually with party) to represent ideals, however, they also try to satisfy the issues unique to their constituency.
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What are each of these responsibilities and how do members of Congress satisfy both? |
Washington: deal with legislation of the federal government Home districts: produce or pass legislation that would be beneficial to constituents directly
Use pork spending and log-rolling
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In running for Congress, what personal standards, both Constitutional and informal, might a candidate wish to consider? |
House: 25 years old, legal resident of district to run for, citizen for Senate: 30 years old, legal resident of representing state
White lawyer bussinessman domination |
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Structure of Congress: House of Representatives |
435 members 2 year terms Districts based on census, drawn by state govs |
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Structure of Congress: Senate |
100 members, 2 from each state 6 year terms no term limit |
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Structure of Congress |
Bi-cameral to prevent tyranical politics requires laws to go through both houses, election method supposed to balance power and representation |
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Bill becomes a law |
a) Introduced bill is given number and assigned to relevant committee b) Committee action
c) Floor Action
d) Conference Action
e) Executive action |
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Constitutional Constitutional Authority of President’s Roles: Commander in Chief |
Article II Section 2 - "president shall be commander in chief of the Army and Navy of the United States, and state militia |
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Constitutional Constitutional Authority of President’s Roles: Chief Executive |
Article II Section 2 - "He may require the opinion, in writing, of the principal oficer in each of the executive departments, upon any subject relating to the duties of their respective ofices, and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment.”
Article II Section 2 - T
Article II Section 3 - He shall take care that the laws be faithfully executed, and shall commission all the ofi cers of the United States. |
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Constitutional Constitutional Authority of President’s Roles: Chief Diplomat |
Article II Section 2 - o make treaties, 2/3 of present senators must concur, nominate for appointment
Article II Section 3 - Receive ambassadors and other prime ministers |
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Constitutional Constitutional Authority of President’s Roles: Legislative Leader |
Article II Section 3 - He shall from time to time give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper.” ( Article I, Section 7, which deines the president’s veto power, is also part of his legislative authority.) |
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Presidency: Running requirements |
Natural born citizen 35 years old resident in the country for 14 years |
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Executive Powers: Bully pulpit |
Using his presence as the president to try and persuade PUBLIC |
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Non-Domestic - President is able to act most on his own, most power. |
Benefits of having one president = decisiveness |
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Commander In Chief - Final say on military decisions |
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The War powers resolution act: Passed by congress in the wake of Vietnam because they felt the president was abusing his powers. |
Allows President to use military to his discretion, when: |
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What is the President's role in passing laws? How can he affect the outcome? |
i. Gets final say |
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How has Congress tried to reassert itself into military affairs? Has it been successful? Why or why not? What Constitutional problems does their attempt possibly have? |
i. War Powers act of 1973 put a limit on the amount of days the president can deploy troops in hostile areas and requires congress to approve extension. the president is given an additional 30 days to withdraw those troops after the 60 days are up and no extension from congress has been received. |
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How did the Framers envision the judicial branch? Has it developed this way? Why or why not? |
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How is the judicial branch structured? |
Split into three tiers.
ii. The Supreme Court of the United States is the nation’s highest court. It has nine members— the chief justice and eight associate justices. The chief justice presides over the Court but has the same voting power as each of the other justices. |
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What are the two general philosophies about Constitutional interpretation a Supreme Court justice might have? Which do you prefer? Why? |
i. Originalism theory - prominent conservative view, interpret as it would have been at the time it was written. |
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Interpreting the Constitution: Living Constitution theory |
prominent liberal view, interpret the constitution in light of changing circumstances |
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Which do I prefer? |
cite the preamble of the 1787 Constitutional Convention’s Committee of Detail, which says the Constitution “ ought to be accommodated to times and events.”
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How does a Justice make his/her decision about a case? Is this policymaking? Why or why not? Does this bother you? |
i. After hearing the case, judicial conference of the 9 justices is held |
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Constitutional authority: Judicial Branch |
Article III of the Constitution grants the Supreme Court both original and appellate jurisdiction |
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Constitutional authority: Judicial Branch |
The Constitution provides for the Supreme Court of the United States but gives Congress the power to determine the number and types of lower federal courts. |
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Executive power to appoint Supreme court judges |
All federal judges are nominated and appointed to office by the president, subject to confirmation by majority vote in the Senate. |
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No restrictions on jusgeship |
Constitution places no age, residency, or citizenship requirements on the ofi ce of federal judge. |
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Supreme Court: most important work |
Appellate jurisdiction is the authority to review cases that have already been heard in lower courts and are appealed to a higher court by the losing party. These higher courts are called appeals courts or appellate courts. they determine whether a trial court in hearing a case has acted in accord with applicable law. |
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Supreme Court’s appellate jurisdiction |
extends to cases arising under the Constitution, federal law and regulations, and treaties. The Court also hears appeals involving legal controversies that cross state or national boundaries. |
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Judicial authority -exceptions |
Article III of the Constitution gives Congress the power to create “exceptions” to the Supreme Court’s appellate jurisdiction, whereas its original jurisdiction is unalterable by Congress. |
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Supreme Court’s power is most apparent |
when it declares another institution’s action to be unconstitutional. This power, called judicial review, was i rst asserted by the Supreme Court in Marbury v. Madison ( 1803), when the Court rebuked both Congress and the president |
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Supreme court process |
Each side also provides the Court a written brief, which contains its full argument.
The oral session is followed by the judicial conference, which is attended only by the nine justices and in which they discuss and vote on the case.
The chief justice has the option of speaking first on the case and can sometimes influence the decision by framing the choice in a persuasive way.
Regardless, the conference’s proceedings are secret, which allows the justices to speak freely about a case and to change their positions as the discussion progresses. |
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Sources of law constraining the Judiciary Branch: Constitution |
1. Thus, judges are accorded some degree of discretion in their constitutional judgments.
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Sources of law constraining the Judiciary Branch: Statutory Law |
1. As a result, judges have some freedom in deciding cases based on statutes.
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Sources of law constraining the Judiciary Branch: Precedent |
1. Because times change and not all cases have a clear precedent, judges have some discretion in their evaluation of the way earlier cases apply to a current case.
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Senate tactic: nuclear option |
This was a rules change which ended filibusters on judicial nominations and some high-level executive appointments
passed by DEM, opposed by REP |
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Senate Tactics: poison pill |
These are amendments that are so unpopular that they ensure that a bill will never receive majority support. |
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Vote of Cloture |
A filibuster can only be ended with a vote of “cloture” which means that 60 members agree to end debate. Filibusters (or the threat of one) are so common now that is generally assumed that 60 Senators must agree on a bill for it to pass the Senate |
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House Debate |
here are different rules governing debate in each house. In the House of Representatives, debate is normally limited to one hour, with thirty minutes each for proponents and opponents. Members are allowed to offer amendments, but those amendments must be “germane” – that is, be the same subject matter as the bill itself. The House Rules Committee can change any of these rules |
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Senate debate |
filibuster Because there is usually no germaneness rule in the Senate, Senators sometimes amend a bill with a “poison pill.” These are amendments that are so unpopular that they ensure that a bill will never receive majority support. |
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President: Developed to national policy leader |
Presidency has developed to be much more powerful than framers envisioned.
-Presidency is structured in a “one man says all” way that allows for easier control and leadership on national issues. |
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Presidential power: foreign arena |
Benefits of having one president = decisiveness |
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Congressional Authority: Declaring war |
Article I to declare war and raise and support armies (declare war and funding the military)
War powers act. 60 days in hostile area to receive funding. 30 to return home if not granted (90 days max) w/o congress |
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Framers envision: Judicial branch |
judicial power rests on what Hamilton called “ judgment”— the reasonableness and fairness of its decisions. The best way to ensure that judicial decisions meet this standard, Hamilton claimed, is to grant life tenure to federal judges so that they are free of all allegiances except to the rule of law. |
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Development: Judicial Branch |
Constitution is vague and very open to interpretation.
Over time, power of Judicial branch to interpret things the way they believe and establish precedent. Their political views often form their decisions, thus making them political and legal.
The judiciary has become more extensively involved in policymaking for many of the same reasons that Congress and the president have been thrust into new policy areas and become more deeply involved in old ones.
Social and economic changes have required government to play a larger role in society, and this development has generated a seemingly endless series of new legal controversies. |
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Judicial branch: policymaker |
The judiciary also has no choice at times but to impose meaning on statutory law. Statutes are typically more detailed in their provisions than is the Constitution, but Congress cannot always anticipate the specific applications of a legislative act and often statutory provisions in general terms.
judiciary is then required to determine what the language means in the context of a specii c case. Precedent is even less precise as a guide to decisions in that it is specii c to particular cases. A new case may differ in important ways from its closest precedent or rest at the intersection of competing precedents. In such instances, a judge must determine which precedent, if any, applies to the case at hand. |
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16th amendment |
The Sixteenth Amendment, which grants the federal government the power to levy income taxes, is one of the few times that a Supreme Court decision has been reversed through constitutional amendment. |