Exam 3 Flashcards

(74 cards)

1
Q

What are formal powers (presidency)?

A

powers granted by the constitution

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2
Q

What are asserted powers (presidency)?

A

president can do it, but there may be pushback

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3
Q

What does it mean by head of state (presidency)?

A

imperial qualities (like a king)

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4
Q

What is the constitutional base of the president in the military? What’s the limit?

A

commander in chief and head of intelligence communications; only Congress can declare war

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5
Q

What is the constitutional base of the president judicially?

A

grant reprieves, pardons, amnesties to individuals and groups ( get out of jail card)

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6
Q

What is the constitutional base of the president diplomatically?

A

receive ambassadors = recognizing countries

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7
Q

Which cases expanded the powers of the president? (2)

A

Curtis Wright (1936)
US vs Pink (1942)

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8
Q

What was the ruling in Curtis Wright (1936)?

A

foreign policy powers can be delegated to the president that’s not accepted domestically

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9
Q

What came out of US vs. Pink (1942)?

A

executive agreements

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10
Q

What are executive agreements?

A

has weight of treaty without the approval of the senate

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11
Q

What limited the president’s “imperial power”?

A

War Powers Act (1973)

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12
Q

What was the War Powers Act (1973)?

A

after 60 days, need congressional approval of certain military activity

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13
Q

As head of government, what are the powers/ responsibilities of the president? (3)

A

ensure all laws are faithfully executed
appoint, remove, supervise executive officers
appointing judges

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14
Q

As head of government, what are the powers/ responsibilities of the president in the military? (3)

A

call national guard
declare state of emergency
provide emergency funding

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15
Q

As head of government, what are the powers/ responsibilities of the president in the legislative? (2)

A

agenda setting
veto a bill

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16
Q

Explain the legislative period (1800-1933). (3)

A

congress more powerful than president
president only in charge of expanding interstate commerce
president couldn’t communicate with citizens technologically

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17
Q

What changes happened during the legislative period? (3) What did the changes do?

A

nominating the president went from a caucus to convention (more democratic voting)
introduction of telegrams and radio helped build coalition
industrial revolution helped build coalition

applied pressure

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18
Q

What set off the pressures during the legislative period?

A

the depression

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19
Q

What are formal resources?

A

legal right

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20
Q

What are informal resources?

A

not stem from the law

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21
Q

What are the formal resources of the president? (5)

A

patronage
cabinet
white house staff
executive office
vice president

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22
Q

What is patronage? What are the ways of it? (presidency)

A

make political appointments; giving people jobs
pick people linked to constituency or advance agenda

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23
Q

What is the cabinet? (presidency) Who are the members?

A

subset of patronage; consist of heads of major departments
department of defense, treasury, etc.

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24
Q

Who are the white house staff?

A

specialized people who are with the president the longest; advisors

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25
Who are the people in the executive office?
people who are at the white house permanently; office of management and budget; national security council
26
Who does the office management and budget consists of?
accountants
27
What is the national security council concerned over?
foreign policy
28
What are the two jobs of the vice president?
preside over the senate (part of the senate) wait for the president to pass
29
What are the informal sources of the president? (6)
elections initiative access to media president party groups mass popularity
30
How are elections an important informal resource for the president?
can be a big source of power if win big
31
What is the importance of the initiative as an informal resource?
introduce legislation/policy; initiate action; office management and budget is apart of it - oversee national spending
32
What happens to the president's popularity over time? During a foreign crisis?
decreases; increases
33
What can be said about congress?
1st among equals; independent/unique
34
What was congress's representation of citizen's in 1850? After 1930s?
greater than president; less than the president
35
What's the social composition of congress? (3)
overly protestant more minority rep., but proportionally less compared to society consists of wealthy people (doctors, lawyers, etc.)
36
What's case work?
politician helps with a citizen's problems
37
What are 2 types of direct patronage? (congress)
wasteful program helps district but not country intervention with federal agencies
38
What's the difference between representation of the house and senate?
House: smaller than senate; focus more on local issues Senate: bigger than house; focus more on national issues
39
In the house political party, who selects the minority leader?
majority speaker
40
In the senate political party, who selects the minority leader?
majority leader
41
What's a distinct political party characteristic?
less discipline; more individuality
42
What are the 5 tools of party discipline?
1. access to floor (leadership controls) 2. whip system (enforcer) 3. committee assignments 4. logrolling (vote for each other's bills 5. presidency
43
In the committee system, how are the bills assigned to them?
by subject matter
44
What are 5 characteristics of the committee system?
1. has own membership, staff, jurisdiction 2. jurisdiction= subject matter 3. committees mirror executive level departments 4. subject matter jurisdiction; with leadership descreption 5. each committee unique, not representative of all congress
45
Who are apart of the staff system in congress? (3)
personal committee agencies
46
Who are apart of the agencies in congress staff system? (3)
congressional research service government accountability office - oversee investigations congressional budget office - give insight on spending effects
47
What's the percentage of bills that die in committee?
95%
48
What other congressional powers does congress have? (2)
oversight - hold hearing about people, agencies, etc advice and consent - approve treaties by 2/3 vote; approval for top appointments
49
What does it mean by open rule?
anything can be added
50
What does it mean by close rule? Why is it important?
only stick with the bill; required for bills to pass
51
What does it mean by filibuster?
talk a bill to death
52
What is cloture? How many votes are needed?
override filibuster; 3/5
53
What are the 2 types of laws?
statutory and common
54
What's common law?
judge-made law
55
What's statutory law?
law passes by legislature
56
Who is the plantiff in civil and criminal cases?
civil - individual is plantiff criminal - state is plantiff
57
What are the 2 types of courts?
original jurisdiction and appelate court
58
Describe an original jurisdiction court.
decide the facts; have juries
59
Describe an appelate court.
decide issues of law; no jury
60
What 3 things have to happen in order for something to be called a dispute in court?
1. need to be a case of controversy 2. show injury to self 3. issue can't be mute (already solved)
61
True or False. Most cases happen in state courts.
true
62
Describe a district court (federal jurisdiction)
trial level; have juries; decide facts
63
Describe a circuit court (federal jurisdiction)
appealate court; 3-15 judges; appointed by president
64
Describe the supreme court (federal jurisdiction)
9 justices; has to agree to hear case
65
What's judicial review?
supreme court can review lower court decisions and acts of congress
66
What's state action?
supreme court can review state actions due to supremecy clause
67
How often does original jurisdiction happen in the supreme court? What does it usually involve?
less often; cases between states, foreign ambassadors
68
What are the 2 ways that cases can go to the supreme court?
1. writ of certiorari (cert) 2. writ of habeas corpus
69
Describe writ of certiorari
most cases come by this; usually circuit disputes; 4/9 agree to hear case
70
Describe writ of habeas corpus
criminal appeal; "show me the body"
71
What's opinion writing?
writing the law
72
What are the 2 ways to determine who writes the opinion writing?
1. majority chief justice chooses 2. majority senior member chooses
73
What's the dissenting opinion?
not in majority; roadmap for lawyers to overturn laws
74
Who's the solicitor general? What does that person do?
3rd in command in dept of justice; determines the cases of which supreme court review will be sought by the govt