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3 branches Flashcards

1
Q

what part of congress is more formal

A

house, has more rules due to more people

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2
Q

key parts of house election

A

directly elected by people from the start, 2 years unlimited terms, winner take all

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3
Q

qualifications of house

A

25 yo, 7 year citz, resident of state

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4
Q

how many house people are ther

A

435 members

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5
Q

how are house seats delegated

A

districts in each state, each state is given one minimum.

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6
Q

how many non voting seats are in house

A

6

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7
Q

what is a marginal vs safe seat

A

marginal is more competitive and safe is always one person

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8
Q

election of senate parts

A

6 year unlimited terms, 17th amendement changes to direct election

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9
Q

qualification of senator

A

30 yo, 9 year citizen, resident of state

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10
Q

how are seats of senate delegated

A

2 per state

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11
Q

how powerful is congress

A

seen to be the most powerful branch of governemnt

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12
Q

when do senators get reelected

A

every 6 years, staggard for reasons for experience

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13
Q

3 roles of legislation

A

law making, budgeting, oversight

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14
Q

what is omb

A

office of managing budjeting

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15
Q

what is cbo

A

cost benifit analysist for the projected budget, agency of congress

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16
Q

What is Gao

A

Government accountability office looks after money being apporpriated

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17
Q

What is GAO

A

Government accountability office, checks to see if money appropiated is being spent wisely

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18
Q

what decides if some program is cut/ person is fired

A

GAO

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19
Q

What power of congress holds hearing and grants immunity

A

oversight

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20
Q

What checks on the president does congress have

A

Power of money, consent of nomination, consent for treaties, impeachment, override veto, oversight, propose amendments

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21
Q

what checks on supreme court does congress have

A

set number of seates, creates inferior courts

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22
Q

checks on congress

A

Veto from pres, judicial review

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23
Q

What did aportionment act of 1842 do

A

reguired all districts to be represented by a single member in house

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24
Q

what did appotionment act of 1911 do

A

capped it at 435 memebers

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25
Q

what is the order of things to redistrict

A

census, reapportion, redistrict

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26
Q

Who reapportions 435 seats

A

beuaro of census

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27
Q

What is mal apportionment

A

form of jerrymandering where there is a different number of people in each district

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28
Q

what is a majority minority line

A

most people are minority, gives representation in government

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29
Q

What are the advantages of the incumebncy on getting election

A

Name recognition, free mail, greater access to media, more experience, staff to help credit for money grants

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30
Q

What are the non legsislative powers of government

A

Propose amendment, advice and consent (senate only) investigations, impeachment, confirming vice president, choosing president by house, choose vp by senate

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31
Q

what is the day to day of congress determinded by

A

party leaders and comittee systems

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32
Q

House minority

A

zero power

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33
Q

senate minority

A

little power

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34
Q

what does the speaker of the house do

A

administrative role, second in line for president, committee assignments, enforce rules, represents party on floor

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35
Q

what does the majority whip doe in the house

A

assisit leadership, push party legislative programs, lets speaker know if it is time to bring bill to floor

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36
Q

minority whip do in the house

A

keeps party orginized

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37
Q

what are the consitutionally mandated officers in the senate

A

vice president is pres of senate, pres pro tempore presides when vp is not present and is the senior member of majority party

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38
Q

Majority leader in senate

A

does what speaker of house does with less power

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39
Q

majority whip in senate

A

same as house assisit leadership, push party legislative programs, lets speaker know if it is time to bring bill to floor

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40
Q

minority leader senate

A

has power to fillibuster

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41
Q

Standing committee

A

works on bills, permannat, subcommittes, 20ish in each chamber

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42
Q

select committe

A

only in one chamber, investigative purposes only, no lawmaking

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43
Q

confrence committee

A

makes 2 bills from both chambers one bill

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44
Q

joint comitee

A

same as select but both chambers

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45
Q

how are committes orginized

A

chair is usually a long serving member of majority party, make of committe represents the make up of congress, chair is speaker for comittee, ranking member is minority party leader for committee

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46
Q

staff types

A

personal staff, legislative aid, case worker (works from home), committe staff only for committee

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47
Q

who pays for staff

A

taxpayer

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48
Q

4 supporting offices of congress

A

CBO, GAO, Library of congress, priniting office

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49
Q

where do revenue bills start

A

house

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50
Q

how does a bill become a law through the house

A

Hopper, HR #, sent to proper committe and sub, passed by comittee, put on calander, rules committe gets it and sets rules, floor to vote

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51
Q

types of calandars for house

A

union calander (money) House calander (public bills) discharge (petition to get out of committe) private (private) consent (unanioumous vote)

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52
Q

how bill become a law through senate

A

IF new bill starts in senate then read on floor and given S#, sent to committe and sub, voted on by full, put on calander, floor….

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53
Q

2 types of calandar for senate

A

executive(treaties and nominations) general orders(Bills)

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54
Q

What is a filibuster and what is a Clothier

A

Filibuster is when they prohibit the ability to vote on a bill by talking for long ammounts of time on the floor, a Cloture is a vote to end that filibuster, requiring 3/5 of congress to do so

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55
Q

What are the 4 different outcomes that could happen once the bill gets through both houses of senate

A
  1. sign it2. veto it3. sits on it and goes back to the standing congress and it becomes a law4. sits on it and it goes back to adjoiurned congress and it is vetoed
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56
Q

what happens if a bill is vetoed

A

sent back to original house of congress, if both houses get 2/3 vote, it is overturned

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57
Q

what happens if the 2 houses of congress pass 2 different bills

A

committee of confrence comes together to put it into one.

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58
Q

What is a resolution

A

Unsual or temporary actions by congress

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59
Q

Three types of Resolution

A

Simple, Joint, Concurent

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60
Q

What is a simple resolution

A

One chamber, non lawmaking, deals of some sort

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61
Q

What is a joint resolution

A

Mostly law making except propose amendment, temporary with both houses

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62
Q

what is concurent resolution

A

Not law making, agreement between both chambers, forming joint committee

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63
Q

What is a rider

A

some part of a bill that would not go in on its own, but it is taked onto a bill that will pass

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64
Q

what are the types of rider

A

non germain and germain, non means not related to the bill at all

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65
Q

what is it called when the bill is full of riders

A

ominibus bill

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66
Q

what is a mark up

A

all the changes that the committees do to billls

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67
Q

what is a Quorm

A

218 voters being neccesary to be there to vote on something

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68
Q

what does house do if there is a quorm but they want to work

A

Committee of the whole, everyone agrees to do buisness but not vote

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69
Q

what is a hold in the senate

A

where one person can express their opinion to investigate a promotion and hold the promotion

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70
Q

who is the traffic cop, what they do

A

the rules committee tells who can come and talk and stop them when time

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71
Q

How does congress take back monetary power over the president

A

1974 Budget impoundment control act, executive branch has to get congress approval before stopping the funding of certain programs

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72
Q

How does congress get power back in forgien power

A

the Wars Power Act of 1973, if the president is going to take action in war, he has to notify congress within 48 hr of the attack, He has 60 days to have troops w/o congress approval, after 60 days, congress decides to either take them back (he has 30 days to take back) or let them stay

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73
Q

What module of representing constituents is listening to individuals

A

Delegate module

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74
Q

What module of representing constituents is doing what they think is best

A

Trusty module

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75
Q

What module of representing constituents is balancing partisian and voters

A

Politico modult

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76
Q

What module of representing constituents is listeing to the party

A

Partisian mod

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77
Q

Power in Const. 1

A

Execute law

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78
Q

Power in Const. 2 power

A

commander and chief of army and navy

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79
Q

Power in Const. 3 dep

A

Executive department heads to answer to him in order to execute laws

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80
Q

Power in Const. 4 par

A

Power to pardon except impeachement and only federal offenses

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81
Q

Power in Const. 5 tre

A

power to make treaties that senate approves

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82
Q

Power in Const. 6 nom

A

nominates heads of departments, judicial heads, and foriegn heads

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83
Q

Power in Const. 7 state

A

must call state of union to let people know of his agenda

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84
Q

Power in Const. 8 adj

A

To call special session and adjourn congress

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85
Q

Power in Const. 9 amb

A

recieves ambassadors forigen power to diplomatic powers

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86
Q

Power in Const. 10 v

A

power to veto

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87
Q

Power in Const. 11 leg

A

power to recomend legislation through someone

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88
Q

Power in Const. 12 co

A

confirming forigen policy powers

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89
Q

Power informal 1 leg

A

bargin for legislation passing

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90
Q

Power informal 2 ex

A

excetutive orders to carry out laws

91
Q

Power informal 3 ss

A

signing statements to explain laws

92
Q

Power informal 4 ag

A

executive agreement, faster treaty

93
Q

Power formal last p

A

pocket veto

94
Q

Power informal 5 ep

A

executive privlage, classify documents

95
Q

what is a bully pullpit

A

using a large platform

96
Q

qualifications

A

35 yo natural born, 4 year terms, 2 term limit due to 22nd amendment

97
Q

12th amendment

A

changed the electoral college system to everyone having 2 votes, 1 for president, 1 for vice presidemt

98
Q

how many electoral votes

A

538

99
Q

states that split votes

A

maine and nebraska

100
Q

when is the inaguaration

A

january 20th, 20th amendment

101
Q

what is the amendment that decided the succession line

A

25th amendment

102
Q

vice presidents informal role

A

balance ticket

103
Q

EOP

A

Executive office of president

104
Q

Who is part of the buerocracy

A

no elected officials, everyone in the government that works for them

105
Q

pros of buerocracy

A

orginization for tasks through rules to be effecient

106
Q

federal civil servants

A

people not in millitary who worl for government

107
Q

civil service reform act

A

aka pendelton act, have to take a test to get a government job

108
Q

what replaces the civil service reform

A

OPM

109
Q

What does the OPM do

A

creates standardized rules for how a job can be given in the government

110
Q

types of government jobs and prerequisites

A

general service, excepted service , senior executive service

111
Q

What type of government jobs require a testq

A

general service

112
Q

Hatch act

A

buerocrates cannot promote poltics on the job

113
Q

main functions of buerocracy

A

Promote the public welfare, Provide services, provide national security, maintain strong economy, revenue agency, economic development

114
Q

Policy making steps

A

define problem, put on policy agenda, hope to get to congress, implempt through executive agency

115
Q

Bureaucratic Adjudication

A

ability to act as judge to make the correct fines or penalties if not carried out

116
Q

What is the EOP over

A

President, White house office, Agencys that help the president, Vice president; The Executive Office of the President (EOP) consists of the immediate staff to the President, along with entities such as the Office of Management and Budget and the Office of the United States Trade Representative.

117
Q

What is one step removed from EOP

A

Cabinet departments, 14 secutaries, 1 attorney general dep of labor

118
Q

How does heads of Cabinets happen

A

appointed by pres, approved by congress, pres can fire whenever

119
Q

what is 2 steps removed from EOP

A

Independent executive agencies ex. NASA, sS FDIC

120
Q

How do heads of independent executive agencys happen

A

president appoints and can fire

121
Q

what is 3 steps from president

A

Independent regulatory agency SEC

122
Q

How do heads of independent regulatory agencys happen

A

president appoints and can fire, but only fire based off preformance

123
Q

reprieve

A

he temporary suspension of a prison sentence to release an offender under conditions which, if violated, permit his re-imprisonment.

124
Q

22nd amendment

A

No person shall be elected to the office of the President more than twice

125
Q

OMB

A

assists the President in overseeing the preparation of the Federal budget and evaluates the effectiveness of agency programs, policies, and procedures

126
Q

Council of economic advisors

A

advises the President of the United States on economic policy.

127
Q

CIA

A

independent executive agency that helps with counterterrism

128
Q

coattail effect

A

the tendency for a popular political party leader to attract votes for other candidates of the same party

129
Q

Line item veto

A

the power of an executive authority to nullify or cancel specific provisions of a bill, usually a budget appropriations bill, without vetoing the entire legislative package.

130
Q

Imperial presidency

A

term used to describe a president as an emperor who acts without consulting Congress or acts in secrecy to evade or deceive congress.

131
Q

Impoundment

A

where the president stops funds

132
Q

Clinton v Jones

A

a case that answered Is a serving President entitled to absolute immunity from civil litigation arising out of events which transpired prior to his taking office? with no

133
Q

Us vs nixon

A

lessened the suprememecy of the president

134
Q

lame duck

A

time between presidents succesor election and the inaguaration 20th amendement

135
Q

Clinton v NYC

A

Did the President’s ability to selectively cancel individual portions of bills, under the Line Item Veto Act, violate the Presentment Clause of Article I? Yes.

136
Q

What does the Office of Personnel Management do?

A

manages the civil service of the federal government, coordinates recruiting of new government employees, and manages their health insurance and retirement benefits programs

137
Q

Whistleblower Protection Act

A

established to ensure that employees who engage in protected disclosure are free from fear of reprisal for their disclosures.

138
Q

Issue networks

A

an alliance of various interest groups and individuals who unite in order to promote a common cause or agenda in a way that influences government policy

139
Q

Iron triangle

A

used to describe the conspiratorial relationship between bureaucracies, congressional committees, and interest groups

140
Q

Appropriation

A

A law of Congress that provides an agency with budget authority

141
Q

INS v. Chadha

A

Did the Immigration and Nationality Act, which allowed a one-House veto of executive actions, violate the separation of powers doctrine? The Court held that the particular section of the Act in question did violate the Constitution

142
Q

Gramm–Rudman–Hollings Balanced Budget Act

A

The Acts aimed to cut the United States federal budget deficit.

143
Q

16th amendments

A

income tax

144
Q

Federal Reserve System

A

The Federal Reserve System is the central banking system of the United States

145
Q

EPA

A

The Environmental Protection Agency is an independent agency of the United States government tasked with environmental protection matters.

146
Q

what are the supreme court judges named+ what are all the others named

A

Justice, judge

147
Q

What do federal courts deal with

A

federal law, constitutional issues, treaties

148
Q

what happens if a state is named in a court case

A

goes straight to supreme court

149
Q

Common law

A

legal presented established by the court

150
Q

regulatory ruling

A

looking at if a regulatory agency is legal or not

151
Q

statutory ruling

A

looking through bills passed by congress to see if they are legal

152
Q

What comes out of Marbury v madison

A

Judicial review

153
Q

What does the Judiciary act of 1789 do

A

sets up a 3 court system

154
Q

What types do district courts hear

A

Trial court, civil or criminal

155
Q

what types do circut courts hear

A

only appealate civl or ciminal cases

156
Q

what types do sup court hear

A

both original jurisdiction and appealate cases

157
Q

how would a case be original jurisdiction in sup court

A

state or ambassador is in the case

158
Q

ruling of the marbury v madison case

A

Marbury won, but it said that clause 13 of the judiciary act of 1789 was unconstitutional since it purported to extend the Court’s original jurisdiction beyond that which Article III, Section 2, established. definition in the constitution. the ruling did not mean that Marbury got his postion though, just that it should not have been in the sc.

159
Q

litigates in civil cases, who has burden of proof

A

plantiff (has burden of proof) the sue person, defendant was the person being sued

160
Q

litigates in criminals cases

A

prosecution (burden of proof) is the government, defendant person in question

161
Q

justiciablity

A

Justiciable refers to a matter which is capable of being decided by a court

162
Q

amendment 6

A

fair speedy criminal trial

163
Q

amendment 5

A

grand jury and due process

164
Q

district criminal courts judges and juries

A

2 or more judges, 2 juries, Grand jury for indictment (see enough evidence for charge), pedit jury determines guilt

165
Q

what are the 2 types of courts in district courts

A

regular, bankruptcy

166
Q

district civil jury and judges

A

just pedit jury to determine guilt, maidtrate judges

167
Q

what is a magistrate judge

A

appointed, fixed term, hearing pretrial motions only, in a district court

168
Q

who has a US attorney

A

every district has one, there are many assistant attorneys workling with them

169
Q

how does US attorney get office and what they do

A

appointed, aprv by congress, works with DOJ and rep gov if in case, prosecutes victims

170
Q

what happens if you dont have an attorney

A

public defenders office provides you with one

171
Q

how do circut courts get trials

A

they have to take all appeals

172
Q

what happens if a criminals case is decided in district court

A

there can only be an appeal from the party if they assume a sentencing errors, the serious error of law, abuse of discretion, ineffective counsel, improper jury conduct, and prosecutorial misconduct. The federal government cannot appeal criminal cases

173
Q

what are circut court trials about

A

legal, constitutional, not about guilt or innocence

174
Q

how does circut come to agreement

A

3 jusge panel and its majority rules.

175
Q

what courts are binding

A

supreme court, basically circut but not actually

176
Q

what is remand back

A

in circut court when they are told to hear the trial again from previous courts

177
Q

When is a Supreme court case chosen

A

if there is a big constitutional disagreement, if there is a discresion between circut and og jurisdiction and other og jurisdiction cases like treaties, states and forigen gov

178
Q

what in congress sets number of seats

A

senate judiciary comitee

179
Q

when does supreme court start

A

first monday of october- april

180
Q

how is an appeal voted on to go to supreme court

A

the justices vote on petition and if 4 agree to take the case, there is a writ of certorar to send case up

181
Q

what is the first thing that happens in a supreme court case

A

anyone can submit briefs by issuing amicus curide

182
Q

what is the supreme court calander

A

docette

183
Q

what happens after brief in sc+ what are both sides named

A

petetioner vs respondent, both get to talk for 30 min

184
Q

what does the cheif justice do

A

presides over court, control budget, creates opinion on case and sets presendent on case

185
Q

who represent the US in SC case

A

the solicitor general represents governemt and is appointed by the president

186
Q

what is neccesary for the SC to vote on ruling

A

6 have to be there, 5 have to vote

187
Q

what are the different types of opinion

A

majority, concuring (voted w maj for diff reason), decenting (minority voting)

188
Q

when can an opinion be issued

A

only on fully heard cases

189
Q

what is an unsigned opinion

A

pqrceium opinion where they go through briefs and issue opinion

190
Q

what are non chief members of supreme court named

A

associate justices

191
Q

what is judicial implementation

A

where they call on executive branch to implement the policy

192
Q

what is judical restraint

A

trying to let legistaltion do their job

193
Q

what is judicial activism

A

legislation from bench

194
Q

senatorial coirtesy

A

president speaks with senators from state of appointed district court and make sure they are respectable.

195
Q

Writ of Certiorari

A

court process to seek judicial review of a decision of a lower court to the supreme court

196
Q

Writ of Mandamus

A

order from a court to an inferior government official ordering the government official to properly fulfill their official duties

197
Q

Stare decisis

A

the legal principle of determining points in litigation according to precedent. AKA precedent

198
Q

majority opinion

A

A majority opinion sets forth the decision of the court and an explanation of the rationale behind the court’s decision

199
Q

dissenting opinion

A

A dissenting opinion is an opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment.

200
Q

appellate jurisdiction

A

the Court has the authority to review the decisions of lower courts

201
Q

Original jurisdiction

A

Original jurisdiction means that the Supreme Court is the first, and only, Court to hear a case. The Constitution limits original jurisdiction cases to those involving disputes between the states or disputes arising among ambassadors and other high-ranking ministers.

202
Q

Political Question doctrine

A

rule that Federal courts will refuse to hear a case if they find that it presents a political question.

203
Q

Standing to sue

A

Standing to sue refers to having the right to file a lawsuit. The plaintiff must provide sufficient evidence to convince the jury that the defendant’s conduct directly resulted in the plaintiff’s injuries and damages.

204
Q

Legislative courts

A

Courts that hear only certain types of cases such as bankrupcy

205
Q

constitutional courts vs legislative courts

A

Constitutional courts exercise the judicial power described in Art. III of the Constitution; legislative courts do not and cannot

206
Q

What is the original intent?

A

the notion that the judiciary should interpret the Constitution (including its amendments) in accordance with the understanding of its framers

207
Q

Class action

A

one of the parties is a group of people who are represented collectively by a member or members of that group.

208
Q

amicus curiae

A

An amicus curiae is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case.

209
Q

Concurring opinion

A

an appellate opinion of one or more justices or judges which supports the result reached in a case for reasons not stated in the majority opinion.

210
Q

dual court system

A

state and federal matters are handled separately.

211
Q

litmus test

A

a litmus test is a question asked of a potential candidate for high office, the answer to which would determine whether the nominating official would proceed with the appointment or nomination.

212
Q

adversary system

A

adversary system resolves disputes by presenting conflicting views of fact and law to an impartial and relatively passive arbiter, who decides which side wins what

213
Q

Grand Jury

A

The purpose of the Grand Jury is to hear testimony from witnesses and review the State’s evidence to determine if there is probable cause to issue an indictment against a suspect

214
Q

Plea Bargin

A

A defendant agrees to admit they are guilty of a criminal offense, rather than making the prosecutor prove their guilt beyond a reasonable doubt.

215
Q

warren court

A

The Warren Court was the period in the history of the Supreme Court of the United States during which Earl Warren served as the chief justice.

216
Q

Burger court

A

1969 to 1986, when Warren Burger served as Chief Justice

217
Q

Marshall court

A

1801 to 1835, when John Marshall served as the fourth Chief Justice

218
Q

Rehnquist court

A

William Rehnquist served as Chief Justice

219
Q

due process

A

due process, a course of legal proceedings according to rules and principles that have been established in a system of jurisprudence for the enforcement and protection of private rights

220
Q

Equal protection clause

A

clause of the 14th amendement that restricts states: nor shall any State deprive any person of life, liberty, or property,

221
Q

Exclusionary rule

A

a law that prohibits the use of illegally obtained evidence in a criminal trial.

222
Q

Incorporation

A

The incorporation doctrine is a constitutional doctrine through which parts of the first ten amendments of the United States Constitution (known as the Bill of Rights) are made applicable to the states through the Due Process clause of the Fourteenth Amendment. Incorporation applies both substantively and procedurally.

223
Q

Prior restraint

A

judicial suppression of material that would be published or broadcast, on the grounds that it is libelous or harmful. In US law, the First Amendment severely limits the ability of the government to do this.

224
Q

Symbolic speech

A

Symbolic speech consists of nonverbal, nonwritten forms of communication, such as flag burning, wearing arm bands, and burning of draft cards

government (5 decks)

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