final Flashcards
(34 cards)
supremacy clause
a clause of Article IV of the constitution that states that all laws and treaties approved by the national government are superior to all laws adopted by any state or other divison
inherent power of the president
“rights, duties and obligations of the president”;
not explicitly stated in the Constitution;
come from Article II, Section 1: Vesting Clause; declaring emergency, deploying troops, etc
independent regulatory commission
federal agencies created by Congress to regulate specific economic activities or interests;
they operate independently from the executive branch, allowing them to make decisions without direct political pressure, ensuring unbiased regulation
pluarlity voting
electoral systems in which the candidates in an electoral district who poll more than any other are elected; “first-past-the-post” voting where the winner takes all
writ of certiorari
a formal request to have the Supreme Court review a decision of a lower court; certiorari - Latin - to make more certain
race/gender/religion and voting
central to partisianship, especially in the U.S.; civil rights movements lead to minorities often being part of the party that benefits them most; democrats will vote more minorities into office
principal-agent problem
the relationship between a principal and their agent may be affected by the fact that each is motivated by self-interest and their interests may not be well-aligned
race and public opinion
1960s brought forth isues of whites shifting towards the Republican party; also segregation, affirmative action, healthcare, immigration, voter ID laws;
partisan voting
one’s tendency to align their voting patterns with the political party they identify with or belong to
judicial ideology
the beliefs, values and attitudes that influence how judges interpret and apply the law; presidents appoint judges who agree with their attitudes toward regulation, civil liberties and social affairs
bureaucratic drift
the phenomenon of bureaucratic implementation that produces policy more to the liking of the bureaucracy than faithful to the legislation that created it, but doesn’t trigger a political reaction from elected officials; pulling policy towards the bureaucrat’s preferences
partisanship
a psychological attachmen to a group in one’s political environment; central variable in public opinion and voting behavior, due to being acquired early through parental socialization
legal model of judicial behavior
stare decisis: justices should defer to existing case law when deciding a current case
writ of habeas corpus
a court order demanding that an individual in custody be brought into court and shown the cause for detention; guaranteed by the constitution, suspended only in cases of rebellion or invasion
party identification/partisanship
an individual’s attachment to a particular political party, which msy be based on issues, ideology, past experience, upbringing, or a mixture of these elements
bureaucratic discretion
the authority granted to government agencies and their employees to interpret and apply policies based on individual circumstances while still following laws and regulations;
institutional presidency
the growth and change of federal government through pre-established processes that link the presidency to other parts of the political system
bureaucracy
the offices, tasks, rules, people that large institutions use to function
appellate court
higher court; reviews the cases of lower courts
war powers resolution (1973)
the president can send the U.S. Armed Forces into action abroad only by declaration of war by Congress, “statutory authorization”, or in case of “a national emergency
inherent powers of the president
attidudinal model of judicial decision making
opposite to the legal model, which strictly follows constitutional interpretation; proposes that justices’ decisions are influenced by their personal ideologies
Hamdi v. Rumsfeld (2004)
the Court recognizes the power of the government to detain enemy combatants, but if they are US Citizens, they are entitled to due process;
Yaser Esam Hamdi was being detained as an enemy combatant. It was found that he was born in the US and entitled to due process;
inherent powers of the president, due process
Youngstown Sheet & Tube Co. v. Sawyer (1952)
During Korean War, US steel workers strike for higher wages. President Truman seized control of steel production facilities to prevent this. Steel companies challenged the seizure.
established the president cannot seize private property
Hamdan v. Rumsfield (2006)
Salim Ahmed Hamdan was a bodyguard of Osama bin Laden. He was captured by militia in 2001 and charged with conspiracy to commit terrorism in 2004;
It was found that a military commission could not be held unless it was shown that the detainee was not a prisoner of war.