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Requirements- age, citizenship, residency o Houses of Representatives- 2 years, at least 25 years old, citizen for 7 years, less prestige o Senate- 6 years term, at least 30 years old, citizen for 9 years, more prestige o President- 4 year term, at least 35 years old, citizen for 14 years and natural born  Theodore Roosevelt was the youngest man to serve as president.  John F. Kennedy was the youngest man to be elected as president.  Ronald Reagan was the oldest man to be elected as president. Powers each house has: o House of Representatives- Revenue bills must originate here, Impeachment powers have to originate in the house, nothing to do with treaties, nada for appointments o Senate- revenue bills considered simultaneously, impeachment trial and the ability to actually impeach the president, treaties ratified with 2/3 vote, major presidential appointments must be ratified by the senate (advice and consent) CONGRESS HAS THE POWER TO DECLARE WAR*** Influences of party affiliation on Congress/how it operates o Party affiliation isnt as important to elections as it is to congress, the party affiliation that wins in the election is the one that will become the majority, provides basic organization. Function of: o Majority whip- line up party members on important votes and relay voting information to the leaders. o Minority whip- line up party members on important votes and relay voting information to the leaders. o Majority leader- the elected leader of the party holding a majority of the seats in the house or the senate. In the house, the majority leader is subordinate to the Speaker. o Minority leader- the elected leader of the party holding less than a majority. o Speaker of the House- elected at the beginning of every congress, most important party and house leader, can influence legislative agenda. 2nd in line if pres dies, after VP. Function of Vice President: o Ceremonially: President of the senate? o Reality: Preside over the Senate, casting tie-breaking votes if necessary. Help determine presidential disability under the Twenty-Fifth Amendment and take over the presidency if necessary. Whats an appropriation? Which house? o Money bills specifically for one thing, both houses, must start in house and senate can simultaneously try.

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What is a committee system? o Committees permit Congress to divide the work among members, thus allowing for the study of legislation by specialists and helping speed up the passage of legislation. What is a committee chair? o Committee chairpersons are members of the majority party in each house chosen by party caucus. They set agendas, assign members to subcommittees, and decide whether the committee will hold public hearings and which witnesses to call. What is a conference committee? o Is a temporary committee with members from both houses of Congress, created to resolve the difference in House and Senate versions of a bill. It is a compromise committee. What is a joint committee? o Is made up of members of both houses of Congress. It may be a select committee (Iran-Contra Committee) or perform routine duties (Joint Committee on the Library of Congress) What is a select committee? o Is a temporary committee appointed for a specific purpose. Most are formed to investigate a particular issue. Ex: Senate Watergate Committee. What is a standing committee? o Is a permanent committee that deals with specific policy matters (agriculture, energy and natural resources, veterans affairs, etc.) What is a subcommittee? o Standing committees are divided into about a hundred more specialized committees. What is closed rule? o A bills supporters prefer this because it puts severe limits on floor debate and amendments. What is a filibuster? o Filibuster is unlimited debate in an attempt to stall action on a bill. What is a cloture? And the requirements to have one o Cloture is the method by which the Senate limits a filibuster. It involves a petition to end debate and it requires the vote of 60 Senators. What is a caucus? o Groups of senators and representatives who share certain opinions, interests, or social characteristics. Types of veto/ in session or no session: o Pocket veto-President may exercise the pocket veto. If the president does not sign the bill within ten days and Congress has adjourned, the bill will not become law.

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o Line item veto-One president, Bill Clinton, had the power of the line item veto (the ability to veto provisions in a bill without vetoing the whole bill), however, its use was declared unconstitutional in Clinton v. New York City (1998). o Veto- A president can veto a legislative bill by returning it, along with a veto message or explanation, within ten days to the house in which it originated. Pork barrel legislation o Doing things that will be beneficial to your home district, for example getting revenue bills. Which presidential appointments require senate approval? o President can appoint ambassadors, cabinet members, federal judges and other public officers only with the advice and consent of the Senate. Which appointments can the president not appoint? o Merit based/civil servant, because of the Pendleton act. What is the Pendleton act? And the effects? o Late in the 19th Century, the spoils system was heavily criticized because it allowed people with little knowledge and background to be appointed to important government positions. o After President James A. Garfield was assassinated in 1881 by a disappointed office seeker, Congress passed the Pendleton Act, which set up a limited merit based system for appointing federal officers. Alternative method for president to make a treaty: o Executive agreement- Presidents have managed to get around the advice and consent of the Constitution by forgoing treaties in favor of executive agreements (which is essentially the same thing as a treaty). Executive privilege? o Confidentiality- Separation of Powers (prevent one branch of government from interfering with the inner workings of another). The need for candid advice in private without fear of immediate press and public reaction. o What president? Nixon/watergate. What is state of the union? Purpose? o What do cabinet positions do? o The cabinet is the oldest traditional body of the executive branch. The heads of all federal government departments. 270 electoral votes required to be elected What are the original, inner cabinets? o The original cabinet members (Secretaries of State, War, Treasury and the Attorney General) are still referred to as the inner cabinet and they generally have more influence than the other positions. 15 cabinet departments today, what are the first and last?

o o o o What o

Department of State (Established in 1789) Department of Treasury (Established in 1789) Department of Defense/War (Established in 1789) Department of Homeland Security (Established in 2002) is the iron triangle? Congress, Interest Groups, and the Bureaucracy- The iron triangle is often viewed as a form of sub-government because the real decisions are not being made by elected officials, but by non elected individuals who lack accountability.

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o What is the circular model? o What is an executive order? o Congress shall allow the president to issue executive orders that shall have the force of law. These executive orders may enforce the Constitution, treaties, or legislative statutes, or they may establish or modify rules and practices of executive agencies. o How is it revoked? Preexisting order?? Why is the Electoral College controversial? o Even though the people are the ones who are supposed to choose the president, the Electoral College actually does it. You need a minimum of 270 votes Which cabinet department hires the most people? o The office of personnel management hires for all agencies. The hatch act, effect on bureaucracy? o The Hatch Act of 1939 forbid federal employees to engage in certain political activities like holding an officer position in a political organization, raising funds for a party or candidate, or running for office without resigning from their position. o Many bureaucrats claimed that the Hatch Act was unconstitutional because it restricted their First Amendment rights. However, the U.S. Supreme Court ruled that the Hatch Act was not unreasonable in its restrictions and they upheld the law. Criticisms of the bureaucracy? o Red tape-The maze of rules, regulations, and paperwork that make government so overwhelming to citizens that many try to avoid any contact.

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o Conflict-Agencies will often work at cross purposes with one another. o Duplication-A situation in which to agencies appear to be doing the same thing. o Unchecked Growth-The tendency of agencies to grow unnecessarily and for costs to escalate proportionately. o Waste-Spending more than what is necessary on products and/or services. o Lack of Accountability-It is very difficult to fire or demote an incompetent bureaucrat. Difference between Article 1 and Article 3 judges? o Article 1 judges have a limit of 15 years(remove), article 3 judges are there for lifetime (impeach). Stare decisis- let the decision stand, based on precedence, affirm what the other court said Appellate v original o District Courts  Is the starting point for most federal litigation.  They have original jurisdiction and they hear no appeals.  Each district court has between 2 to 27 judges, depending on the caseload.  Their jurisdiction includes federal crimes, civil suits under federal law, civil suits between citizens from different states where the amount exceeds $50,000. o Courts of Appeal  Have appellate jurisdiction only.  They review the final decisions of district courts.  Each court of appeals usually hears cases in three judge panels, but there can be more.  Decisions are made by a majority vote of the participating judges. Litmus test o Selection criteria of a judge: Is a test of ideological purity test of purity on a particular issue. (abortion/gay rights) What is senatorial courtesy? o Asking the eldest senator for his opinion on who should be elected as a new judge What is judicial activism? o Judicial activism holds that the Court should play an active role in determining national policies. The philosophy advocates applying the Constitution to social and political questions. (more open with interpretation) What is judicial restraint? o Judicial restraint holds that the Court should avoid taking the initiative on social and political questions, operating strictly within the limits of the Constitution and upholding acts of Congress unless they conflict with the Constitution. What is diversity of citizenship?

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o Diversity of citizenship exists when opposing parties in a lawsuit are citizens of different states or a citizen of a foreign country. What is rule of 4? o At least 4 judges have to agree to hear a case. What is: o Majority- Most of the judges agree one way, happens most often o Dissenting- some judges write an opinion going against the majority o Concurring- agree with the majority but disagree on a certain issue Andrew Jackson expanded the use of the veto power. Abraham Lincoln expanded the commander and chief powers to new heights (see Ex Parte Merryman) Franklin D. Roosevelt expanded the domestic policy powers and influence of the president. Andrew Johnson was impeached by the House in 1868. The Senate failed to remove him. Richard Nixon the House judiciary committee voted to recommend impeachment for his dealings in the Watergate Scandal in 1974, but he resigned before the House could vote on impeachment. Bill Clinton was impeached by the House in 1998 for the Monica Lewinsky Scandal. The Senate failed to remove him.

CASES o Wesberry v Sanders- 1 man 1 vote- James Wesberry sued the Governor of Georgia, Sanders, for the appointment scheme that was happening. James Wesberry belonged to the 5th Congressional District and the population was almost 3 times greater than other areas, needed more representation. o Easley v Cromartie-North Carolina case- It is okay under the equal protection clause to discriminate based on political affiliation, in reference to making districts by gerrymandering. (Cant find much else) o Clinton v Jones- The President does not have temporary immunity from civil damage litigations arising out of acts committed prior to his presidency.

o Nixon v Fitzgerald- In Nixon v. Fitzgerald (1982), the Supreme Court defined executive privilege to state that a president could not be sued for damages related to decisions made while in office. o Marbury v Madison-The Supreme Court, rather than Congress, determines whether or not a statute is constitutional through judicial review. This was the first case to establish the Supreme Courts judicial review powers. o US v Nixon- The Presidents executive privilege is not absolute and must bend to Amendment 4 and Amendment 5 requirements of speedy and fair trials and of the ability of defendants to face their accusers. o Clinton v NY- The provisions allowing cancellations in the Line Item Veto Act are unconstitutional because it gives the President unilateral authority to change the text of duly enacted statutes, and thus violate Article 1 Section 7 of the Constitution. o Bush v Gore- special case in which gore won the popular vote and bush won the electoral, gore lost. o Munn v Illinois- In Munn v. Illinois (1877), the U.S. Supreme Court held that the government has a right to regulate private business. o INS v Chadha- legislative veto/presentment clause- Chadha was going to be deported because his visa ran out, attorney general decided to keep him, big controversy over one house veto of his deportation, against congressional authority.

House of Representatives Presiding Officer The Speaker of the House of Representatives is the highest officer in the House. Is elected by all members of the House. Typically is the leader of the majority party and has the power to set the agenda. The Dean of the House is the longest serving member of the House irregardless of party. It is purely a ceremonial position.

Senate The U.S. Vice President is the President of the Senate. He does not have any power to set the Senates agenda and he is not allowed to participate in floor debates. He can only vote in the event of a tie. The President Pro Tempore of the Senate is the longest serving member of the majority party in the Senate. It is a ceremonial position and it is next in line of succession after the Speaker of the House.

Ceremonial Officer

Floor Leader

The Majority Leader is the assistant The Majority Leader is the leader of to the Speaker. The Minority Leader the majority in the Senate. He/she leads the minority party in the House. has the power to set the Senates agenda. The Minority Leader leads the minority party in the Senate . The Majority Whip is the assistant to the Majority Leadership and the Minority Whip is the assistant to the Minority Leader. They conduct a nose count for the leadership and they pressure the members to stay with the party line on key votes. The Majority Whip is the assistant to the Majority Leader and the Minority Whip is the assistant to the Minority Leader. They conduct a nose count for the leadership and they pressure the members to stay with the party line on key votes.

Assistants