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POL203: US Government and Politics Exam Prep
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POL203: US Government and Politics Exam Prep for the questions of the exam
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Hello everyone,Here are a list of study questions for the final exam. 10 of these questions will be on the exam;
you will have to answer FIVE of them.
Study Questions for the Final Exam
3. Consider the following hypothetical situation: after the election of 2020, Democrats hold 218
seats in Congress, 55 seats in the Senate, and Joe Biden (D) is President. Is it likely that the
Democrats would pass comprehensive immigration reform (similar to the law passed in 1986)
under these conditions? Explain why or why not.
− Talk about polarization
7. Explain the difference between “executive discretion” and “executive prerogative.” Are these
forms of executive power necessary? Explain your answer using specific examples.
11. Explain how bureaucracies differ depending upon the kinds of goals that they pursue
(“outcomes”) and the kind of work that they perform (“outputs.”
10. What is “the administrative threat?” Explain the concept using specific examples, and explain
whether you think the threat is real or exaggerated.
Explain the major causes and consequences of the “incumbency
advantage” in Congress.
− In general, incumbents have structural advantages over challengers during
elections. The timing of elections may be determined by the incumbent instead of
a seat schedule. For most political offices, the incumbent often has more name
recognition due to their previous work in the office. Incumbents also have easier
access to campaign finance, as well as government resources (such as franking
privilege) that can be indirectly used to boost a campaign. An election (especially
for a single-member constituency in a legislature) in which no incumbent is
running is often called an open seat; because of the lack of incumbency
advantage, these are often amongst the most hotly contested races in any
election
Explain the ways in which the Constitution divides foreign policy powers
between Congress and the Presidency. Using specific examples, explain
some of the ways in which the Constitutional division of powers has
been violated in practice
− The constitution divides foreign policy powers amongst the three branches of government
− Key: “executive power” of the President accounts for the “gaps” in Constitutional
language
, − The President’s powers in foreign powers are dependent upon the Constitution (contra
U.S. v. Curtiss Wright)
− But “executive power” encompasses a broad range of issues/powers related to foreign
policy
− 2/3rd of congress must agree to a Treaty and Executive agreements (power) (presidents
agreements for foreign policy)
Who can terminate a Treaty?
− The Constitution does not say who can terminate treaties!
o The Case of Goldwater v. Carter, 1980: An individual Senator challenged
the power of Carter to terminate a treaty with Taiwan
o Can anyone guess why the Court did not reach the “merits” of the claim?
o Why shouldn’t 2/3 of the Senate be required?
o residual executive power vs. specific exceptions
o practice regarding (non-judicial) executive appointments and removals
Executive Power and Treaties: Limits of “Termination”
− Two ways to terminate a treaty:
− a) Termination in accordance with expressed or implied terms of the treaty (i.e. in
accordance with international law)
− b)Or a nation may announce that it will simply no longer abide by a treaty
− “b” seems to violate Article VI Supremacy Clause:
− “This Constitution, and the Laws of the United States which shall be made in
Pursuance thereof; and all Treaties made, or which shall be made, under the
Authority of the United States, shall be the supreme Law of the Land.”
Treaties: as “supreme” as statutory law, but not
Treaties and Executive Agreements
President and a foreign government (e.g. Litvinov Assignment, 1930s)
Congressional-Executive Agreement: a “law” passed by Congress which creates
international obligations
Can executive agreements deal with any issue? Are they constitutional at all?
U.S. v. Belmont and the trouble with NAFTA: Agreements and Treaties cannot violate
the Constitution
Executive Power and Declaring War
“Executive power” was traditionally understood to include the power to initiate war
Article One, Section 8 “The Congress shall have the power.. To declare War, grant letters
of Marque and Reprisal.”
An exception has been made to “executive power”
But what does the power to declare war include?
1973 Limited the war making actions by the president (unilaterally for 90 days)
Wars: Iraq, 1951 Truman sending forces to Europe against the soviet union
Eisenhower in 1955 to pass Formosa Resolution urged congress to do so as well
, James Madison argued that, in order to maintain the separation of
powers in the American constitutional system, “ambition must be made
to counteract ambition.” Explain some of the ways in which this
expectation has failed to occur.
− Things to Consider
o Fundamental problem: they did not understand how strong political partisan would be; that
ideology would be more important than political ambition (party is more important than
institutions and constitutions) something a little utopian about the US constitutions; a lot of
political debates would be diffused in this system (Intuitional ambition)
o Importance of congressional politics is by getting things done
o American politics has become more of a fight; policy affects how people engage with each
other
o The idea of checks and balances and how party is more important than institutions and
constitutions making it that ideas can spread to each branch to allow for ideas and interest
to be un held
o Congressional polarization: Internal (Congress rules) and External Factors (Media, supreme
court, interest’s groups, moral and cultural issues)
o The president being a figure for the population
Explain and evaluate some of the ways in which Congress enables
unilateral Presidential action.
− The claim that the Modern Presidency is distinct from the Constitutional Presidency appears most
plausible if we consider some examples of unilateral Presidential policy-making, particularly in
regards to domestic policy. Executive orders are one of the most significant examples of unilateral
Presidential power; they are not discussed in the Constitution, though they are a logical outgrowth
of executive power. An executive order, in general, refers to any unilateral Presidential decision
given to the executive branch. They are one of the principal means through which the President
exercises discretion and prerogative. Until relatively recently, most scholars thought that
executive orders were confined to relatively insignificant matters, of the kind that an employer
might give to employees to guide day to day operations of an organization (e.g. an order requiring
federal employees to use seat belts.) Yet executive orders have been used to shape policy in
crucial ways. For instance, FDR authorized the internment of Japanese citizens in World War
Two through an executive order. Executive orders were also used by Presidents to desegregate
the military, and executive orders established affirmative action programs for government
contracting. Between 1941 and 1951, Presidents FDR and Truman ordered the seizure of aviation
plants, shipbuilding companies, and four thousand coal companies; President Roosevelt
authorized the American government to send fifty destroyers to Great Britain during World War
II without Congressional authorization. The Executive Office of the President-- the administrative
infrastructure created by FDR during the late 1930s-- was itself created by executive order. Many
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