Final exam Flashcards
(93 cards)
1
Q
administrative law judge
A
official who presides over quasi-judicial proceedings within government agencies and renders decisions about disputes governed by statuses, such as appeals from denials of Social Security disability benefits
2
Q
adversarial system
A
Legal system by the US and other countries in which a judge plays a relatively passive role as attorneys battle to protect each side’s interest
3
Q
affirmative action
A
measures taken in hiring, recruitment, employment and education to remedy past and present discrimination
4
Q
appeal
A
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5
Q
associate justice
A
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6
Q
bench trial
A
a judge presides without a jury. the judge makes determinations of fact and law
7
Q
bicameral
A
legislature composed of two houses (in the government and in the states except Nebraska)
8
Q
brief
A
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9
Q
Brown v. Board of Education
A
overturned plessy v ferguson
10
Q
bully pulpit
A
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11
Q
cabinet
A
a group of presidential advisers, primarily the secretaries of federal departments. The size has varied through the years, but lately it has been composed of roughly 20 members
12
Q
cert
A
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13
Q
chief justice
A
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14
Q
civil liberties
A
individual freedoms and legal protections guaranteed by the Bill of Rights that cannot be denied or hindered by the gov.
15
Q
Civil Rights Act of 1964
A
prohibited racial discrimination in public accommodations
16
Q
civil service system
A
A government employment system in which employees are hired on the basis of their qualifications and cannot be fired merely for belonging to the wrong political party
17
Q
clear and present danger test
A
allows gov. regulation of some expressions
18
Q
circuit court of appeals
A
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19
Q
cloture
A
rule that ends filibuster
If 2/3 of senators vote for it, then filibuster is ended (60 votes)
20
Q
commander in chief
A
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21
Q
concurring opinion
A
appellate court opinion by judge who endorses the outcome decided by the majority of judges, but wants to express different reasons to justify the outcome
22
Q
conference committee
A
works out differences between the two chambers to create a single bill
Goal: to find common ground to create bills
23
Q
Committee on Rules
A
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24
Q
court packing plan
A
FDR’s unsuccessful proposal to permit appointment of additional justices to the SC
25
courts of last resort
the highest courts in each American court system, typically called supreme courts, that hear selected appeals from the lower courts
26
de facto segregation
segregation assumed to occur through peoples personal choice
27
de jure segregation
segregation mandated by laws and policy officials
28
delegate model
legislator should adhere to the will of their constituents
29
dissenting opinion
appellate court opinion explaining the views of one or more judges who disagree with teh outcome of the case as decided by the majority
30
double jeopardy
being tried twice for the same crime, prohibited by the 5th amendment
31
dual court system
separate systems of state and fed. courts throughout the US
32
due process clause
a statement of rights in the 5th amendment that protects against arbitrary deprivations of life liberty or property
33
equality of condition
equal access to to housing, health care, education, and gov. services
34
equality of opportunity
equal opportunities for participation in the economic system
35
establishment clause
clause in the 1st amendment guaranteeing freedom from religion by providing a basis for the SC decisions limiting gov. support for and endorsement of particular religions
36
exclusionary rule
evidence contained illegally cannot be used against a defendant
37
Executive Office of the President
a group of presidential staff agencies created in 1939 that provides the president with help and advice. Many suggest the growing powers of the presidency spring in large measure due to the expansion
38
executive order
a regulation made by the president that has the effect of law
39
conscience model
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40
filibuster
- Slows down or blocks the process of voting on legislation by talking continuously
- promotes compromise in order to move forward - one party usually can't do it by themselves
41
going public
appealing directly to the people to garner support for presidential initiatives. done to build support for a proposal languishing in Congress
42
Hatch Act
federal law that limits the participation of federal government employees in political campaigns to protect them from feeling obligated to donate money or work for political candidates
43
independent agencies
federal agencies with narrow responsibilities for a specific policy issue, such as the environment, not covered by one of the 15 federal departments
44
inner cabinet
the advisers considered most important to the president - usually the secretaries of the departments of state, defense, treasury, and justice
45
institutional presidency
the concept of the presidency as a working collectivity - a massive network of staff, analysts and advisers with the president as its head
46
iron triangle
the tight relationship between employees in government agencies, interest groups, and legislators and their staff members, all of whom share an interest in a specific policy
47
issue networks
interest groups, scholars, and other experts that communicate about, debate, and interact regarding issues of interest and thus influence public policy when legislature acts on those issues
48
Jim Crow laws
enacted by southern states legislatures after civil war
49
judicial review
power of judges to nullify decisions and actions by other branches of gov.
50
logrolling
supporting a legislator's bill in exchange for support of one's own bill - expected to support each other's initiative
51
majority leader
the head of the majority party in the Senate, the second-highest-ranking member of the majority party in the House
52
majority opinion
appellate court opinion that explains the reasons for the case outcome as determined by a majority of judges
53
minority leader
the leading spokesperson and legislative strategist for the minority party in the House or the Senate.
54
Miranda v. Arizona
required police officers to inform a suspect that they have the right to remain silent
55
patronage system
a system that rewards the supporters of successful political candidates and parties with government jobs while firing supporters of the opposing party
56
line item veto
edit bill
went into effect in the mid 1990s
didn't last long - violated "presentiment clause"
57
Plessy v. Ferguson
permitted "separate but equal"
58
pocket veto
president is given a bill at the end of congress and chooses to do nothing - it is dead after 10 days if nothing is done to it
59
political equality
emphasizes opportunities to vote, run for office, own property and enjoy civil liberties
60
politico model
legislator might follow his or her own sense of what right
61
override
-
62
prerogative power
extraordinary powers that the president may use under certain conditions, such as during times of war
63
plea bargain
j
64
prior restraint
effort by gov. to prohibit or prevent the publication of information or viewpoints
65
precedent
j
66
reporter’s privilege
asserted right of news reporters to promise confidentiality to their sources and to keep information obtained from sources
67
right to privacy
right created as a response to getting contraceptives
68
president pro tempore
j
69
senatorial courtesy
traditional deference by senators to the wishes of their colleagues concerning the appointment of individuals to fed. judgeship in that state
70
seniority
length of time served in a chamber of the legislature. usually implies more say / power
71
signing statement
a written proclamation issued by the president regarding how the executive branch intends to interpret a new law. occasionally contradict what Congress had in mind
72
Speaker of the House
the presiding officer of the House of Representatives who is also the leader of the majority party in the House
73
recess appointment
j
74
stewardship model
theory of robust, broad presidential powers; the idea that the president is only limited to explicit restrictions in the constitution. This model, now completely accepted, set the stage for a broad expansion of presidential powers
75
select committee
- temporary
- designed to study important issues
- rarely have legislative authority
Ex: Global warming, social security, medicare
76
trustee model
philosophy that legislators should consider the will of the people but act in ways they believe best for the long term interests
77
standing committee
Carry over from congress to congress
have fixed membership
set jurisdiction linked to powers of congress
78
Voting Rights Act of 1965
effectively attacked techniques to prevent African Americans from voting
79
War Powers Resolution
a measure passed by Congress in 1973 designed to limit presidential deployment of troops unless Congress grants approval for a longer period. Presidents argued that this is unconstitutional
80
Whig model
a theory of restrained presidential powers; the idea that presidents should use only the powers explicitly granted in the Constitution
81
whips
assistants to the House and Senate leaders, responsible for drumming up support for legislation and keeping count of how members plan to vote on different pieces of legislation. Their job has become more intense due to the rise in partisanship
82
writ of certiorari
a legal action that asks a higher court to call up a case from a lower court
83
stare decisis
j
84
What are the steps does a bill take thru the legislative process in the House and the Senate?
1. Introduction of a Bill
2. Referral
3. Committee consideration
4. Rules for floor action
5. Floor consideration
6. Conference Committee
7. Presidential action
85
How do civil liberties differ from civil rights?
civil liberties are rights that have to do with everyone, civil rights refers to equal treatment
86
strict
j
87
scrutiny
j
88
Supreme Court justices
j
89
unanimous-consent agreement
j
90
veto power
j
91
What are the powers of the presidency?
What do these powers let the president do?
Where do the powers come from?
j
92
What kinds of speech are protected by the First
| Amendment? Are all types protected or can the federal government limit some of the things that you say?
j
93
What branch of government did the framers consider to be the most important? The least
important? Why?
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