Branches of Government and Checks and Balances Congressional

Branches of Government and Checks and Balances

Congressional Powers-Expressed and Implied

Checks on Congressional Powers

House vs. Senate

Key Information on Congress to Review • Committees • Types (standing, joint, conference) • Leadership (seniority) • Key committees (rules (House), ways and means, appropriations) • Advantages of Incumbency • Best predictor of re-election, more PAC support • Name ID, franking privilege, constituent services • Redistricting • Only done in the House, • Gerrymandering • Voting • Logrolling • Representative model v. Trustee model • Polarization • How a bill becomes a law • Amendments, riders, pork/earmarks • Few bills become law

Question (from 2005 and 2013 exam) • Which of the following types of committee deals with broad areas of public policy and can be found in both houses of Congress • • • A: Rules B: Select C: Joint D: Standing E: Conference

Question (from 2013 exam) • Congress has the constitutional power to control the judicial branch by • • • A: Determining the size of the Supreme Court B: Nominating the chief justice of the Supreme Court C: Limiting the length of judicial terms D: reducing the salary of judges while they are sitting E: altering the original jurisdiction of the Supreme Court

Question (from 2013 exam) • Which of the following clauses in the Constitution justifies the “implied powers doctrine”? • • • A: necessary and proper clause B: privileges and immunities clause C: contract clause D: debts and engagements clause E: executive power clause

Question (from 2005 exam) • Which of the following is true of a filibuster? • • • A: It allows a minority of Senators to block a bill B: It allows a minority in either house to block a bill C: It allows non-germane amendments to be added to the bill D: It brings a bill out of committee for a floor vote E: It sends a bill back to committee for changes

Presidential Powers

Checks on Presidential Power • Supreme Court can declare Presidential actions “unconstitutional”

Key Information on President to Review • Qualifications • 35 years old, resident of US for 14 years, natural born citizen • Electoral College • Must receive a majority (270 today), House decides if no majority • Unit rule • Honeymoon Period • Presidents usually most powerful at start of first terms • Vice President • Role, President of the Senate • Executive Office of the President • Chief of Staff • Realigning Elections • Clear deference's between parties, a group makes a permanent switch to a new party (1932, 1980)

Question (from 1999 exam) • When selecting a vice-presidential candidate a presidential nominee is usually concerned primarily with choosing a running mate who • • • A: has significant personal wealth B: adds balance and appeal to the national ticket C: comes from the same ideological wing of the party as the President D: can serve as the most important domestic policy adviser to the President E: can effectively preside over the Senate

Question (from 1999 exam) • Presidents have had the most success in changing the direction of decisions of the federal judiciary by A: threatening to ask Congress to impeach specific judges B: using the media to build consensus for the President’s position C: requesting that Congress reduce the term of office that judges may serve D: using the appointment process to select judges with judicial philosophies similar to those of the President • E: pressuring Congress to pass the appropriate legislation to override judicial opinions • •

Question (from 2005 exam) • All of the following statements about presidential vetoes are correct EXCEPT: • A: Historically, fewer than 10 percent of vetoes have been overridden by Congress • B: Pocket vetoes can be overridden by Congress • C: A veto may be overridden by a two-thirds vote in each house of Congress • D: A veto cannot be overridden by the Supreme Court • E: On occasion, the mere threat of a veto is sufficient to prevent a vote on the bill

Question (from 2009 exam) • All of the following are ways that the legislative branch can check the powers of the executive branch EXCEPT: • A: Congress may remove the President through its impeachment and conviction powers • B: Congress may override a presidential veto • C: Congress may pass a law declaring a presidential action unconstitutional • D: The Senate may refuse to approve a presidential appointment • E: The Senate may refuse to approve a treaty negotiated by the president

Supreme Court Powers

Checks on the Supreme Court • Executive Enforcement • In some instances Congress can modify a law ruled unconstitutional • Constitutional amendment • Amendments cannot be ruled unconstitutional • Appointment by the President • Impeachment by Congress • Stripping of appellate jurisdiction • Has to be actual legal dispute and case (standing) • Informal check-try to avoid “political questions”

Key Information on the Supreme Court for Review • Key court cases (1 st amendment, 14 th amendment, civil rights/privacy show up most frequently) • Appointment by President, confirmed by Senate job for life-shields them from politics more than other branches, party is important • Senatorial courtesy • Most disputes handled in state and local courts • Original (rare) v. Appellate jurisdiction • Rule of 4 • Writ of Certiorari (acceptance rate) is very low, around 1 -2% • Amicus Curiae brief (Friend of the Court brief) • Majority, Dissenting, Concurring Opinion • Activism v. Restraint • Originalism v. Living Constitution

Question (from 1999 exam) • Supreme Court justices were given tenure subject to good behavior by the framers of the Constitution in order to ensure that • • • A: justices are free from direct political pressures B: justices remain accountable to the public C: justices are encouraged to make politically popular decisions D: cooperation between the judicial and legislative branches is assured E: Presidents are encouraged to seek younger nominees to the Supreme Court

Question (from 1999 exam) • Which of the following actions can Congress take if the Supreme Court finds a federal law unconstitutional? • A: Appeal the Court’s decision to the District of Columbia’s Court of Appeals • B: Formally request the President to veto the Court’s decision • C: Remove certain members of the Court and replace them with new members • D: Try to amend the Constitution • E: Reenact the same law

Question (From the 2005 exam) • Which of the following best describes the relationship between the Supreme Court and the cases it hears? • A: The court hears only a small percentage of cases submitted for certiorari • B: The court hears all appeals regarding civil rights issues • C: All of the cases heard by the Court have previously been heard in a lower federal court • D: Most cases heard by the Court involve original jurisdiction • E: The Court must hear all cases appealed from state courts

Question (from the 2005 exam) • Which of the following factors is most important in influencing presidential nominations for the federal judiciary? • • • A: age of the nominee B: state in which the nominee was born C: political party of the nominee D: law school from which the nominee graduated E: number of years the nominee has served as a state judge

Free Response Question (from 2017 exam) • The Framers of the Constitution intended the Supreme Court to be politically insulated. Despite this intent, the Supreme Court is not completely insulted from political influences. • A: Describe one constitutional provision that seeks to insulate the Supreme Court from public opinion • B: Identify a power exercised by the Supreme Court that acts as a check on another branch of the federal government • C: Explain how each of the following can limit the independence of the Supreme Court • Congress • President • D: Explain how the Supreme Court protects its political independence